Author Topic: What is a Militia?  (Read 18551 times)

Offline Arlo

  • Radioactive Member
  • *******
  • Posts: 24759
What is a Militia?
« Reply #825 on: January 08, 2008, 06:01:30 PM »
Quote
Originally posted by wrag
I intend to ignore your post from this point on until you develop some manners.  

And get over yourself.


Because, well, you have them. Right.

Here's hoping your stamina regarding the ignore part of the repeated ignore threat materializes and YOU get over me. :aok

Offline Toad

  • Plutonium Member
  • *******
  • Posts: 18415
What is a Militia?
« Reply #826 on: January 08, 2008, 07:14:21 PM »
Quote
Originally posted by Arlo
I won the BBS Special Olympics!  :D  


Accurized!
If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!

Offline Toad

  • Plutonium Member
  • *******
  • Posts: 18415
What is a Militia?
« Reply #827 on: January 08, 2008, 07:24:48 PM »
Quote
Originally posted by Arlo
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

One sentence. A singular statement. It starts by identifying it's subject "a well regulated militia." ...


I guess it's back to English 101 for you.

The subject is NOT "a well regulated militia."

Quote

 
Roy Copperud was a newspaper writer on major dailies for over three decades before embarking on a distinguished 17-year career teaching journalism at USC. Since 1952, Copperud has been writing a column dealing with the professional aspects of journalism for "Editor and Publisher", a weekly magazine focusing on the journalism field.

He's on the usage panel of the American Heritage Dictionary, and Merriam Webster's Usage Dictionary frequently cites him as an expert. Copperud's fifth book on usage, "American Usage and Style: The Consensus," has been in continuous print from Van Nostrand Reinhold since 1981, and is the winner of the Association of American Publisher's Humanities Award.




[Copperud:] "The words 'A well-regulated militia, being necessary to the security of a free state,' contrary to the interpretation cited in your letter of July 26, 1991, constitutes a present participle, rather than a clause. It is used as an adjective, modifying 'militia,' which is followed by the main clause of the sentence (subject 'the right', verb 'shall'). The to keep and bear arms is asserted as an essential for maintaining a militia.

"In reply to your numbered questions: [Schulman:] "(1) Can the sentence be interpreted to grant the right to keep and bear arms solely to 'a well-regulated militia'?"

[Copperud:] "(1) The sentence does not restrict the right to keep and bear arms, nor does it state or imply possession of the right elsewhere or by others than the people; it simply makes a positive statement with respect to a right of the people."

[Schulman:] "(2) Is 'the right of the people to keep and bear arms' granted by the words of the Second Amendment, or does the Second Amendment assume a preexisting right of the people to keep and bear arms, and merely state that such right 'shall not be infringed'?"

[Copperud:] "(2) The right is not granted by the amendment; its existence is assumed. The thrust of the sentence is that the right shall be preserved inviolate for the sake of ensuring a militia."

[Schulman:] "(3) Is the right of the people to keep and bear arms conditioned upon whether or not a well regulated militia, is, in fact necessary to the security of a free State, and if that condition is not existing, is the statement 'the right of the people to keep and bear Arms, shall not be infringed' null and void?"

[Copperud:] "(3) No such condition is expressed or implied. The right to keep and bear arms is not said by the amendment to depend on the existence of a militia. No condition is stated or implied as to the relation of the right to keep and bear arms and to the necessity of a well-regulated militia as a requisite to the security of a free state. The right to keep and bear arms is deemed unconditional by the entire sentence."

[Schulman:] "(4) Does the clause 'A well-regulated Militia, being necessary to the security of a free State,' grant a right to the government to place conditions on the 'right of the people to keep and bear arms,' or is such right deemed unconditional by the meaning of the entire sentence?"

[Copperud:] "(4) The right is assumed to exist and to be unconditional, as previously stated. It is invoked here specifically for the sake of the militia."



Maybe you can get a refund on your English class tuition.

:D
If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!

Offline Arlo

  • Radioactive Member
  • *******
  • Posts: 24759
What is a Militia?
« Reply #828 on: January 08, 2008, 07:39:43 PM »
Quote
Originally posted by Toad
I guess it's back to English 101 for you.

The subject is NOT "a well regulated militia."

Maybe you can get a refund on your English class tuition.

:D


My English is fine. Thanks for your concern, Copperund's politically slanted appraisal noted. :D

Constitutional analysis and rhetorical structures

"The Embarrassing Second Amendment" by Sanford Levinson[53] indicates the six approaches to constitutional analysis outlined in Constitutional Fate by Philip Bobbitt:

textual argument — the unadorned language of the text

historical argument — the historical background of the vision being considered, whether the general history (such as the American Revolution) or specific appeals to the intentions of Founding Fathers of the United States

structural argument — inferences from the particular structures established by the Constitution, including the tripartite division of the US federal government; the separate existence of both state and nation as political entities; and the structured role of citizens within the political order

doctrinal argument — prior cases decided by the Supreme Court

prudential argument — consequences of adopting a proferred decision in any given case

ethical argument — reliance on the overall ethos of limited government as centrally constituting American political culture

The legal grammar of constitutional argument comprise these six approaches — or "modalities", as Bobbitt terms them. These approaches are the rhetorical structures within which "law-talk" as a recognizable form of conversation is carried on in analysis of United States constitutional law:

http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution

Offline bustr

  • Plutonium Member
  • *******
  • Posts: 12436
What is a Militia?
« Reply #829 on: January 08, 2008, 08:54:43 PM »
Ok,

Being that the meaning of this one amendmant has so polorised our nation on ideological lines from private citizens to the most powerful in the government sector. Why has it come to this junction here and now to be decided by 9 unellected government officials rather than a constitutional convention to amend or abolish it?

One side of the question sees only the declaration of a right, "the right of the people to keep and bare arms shall not be infringed". It is enough for them that the constitution enumerates a "RIGHT" of the people. Rights in the constitution have been assumed to be natural, pre-existant to, and recognised by the framers as the reason for their enumeration attendant with direct limitations of government against infringement.

The other side of the question sees "A well-regulated militia, being necessary to the security of a free state," and for this one declaration asserts it grants the government the constitutions only expression of a power that superceeds the rights of "We the People". All while this assertion ignores the directive of limitation to the government; it's power to control the people's ownership and bareing of arms in the same amendmant. "the right of the people to bare arms shall not be infringed". This last directive in the amendmant stating the government cannot infringe on THIS "RIGHT" of the people.

So how did we get here? When did the "right of the people" become secondairy to the needs of the government in this circumstance? When did "We the People" agree to give away this right in favor of the needs of the government? Why has the government and interested parties not been able to convince "We the People" to allow a constitutional convention to repeal or modify this amendmant?
bustr - POTW 1st Wing


This is like the old joke that voters are harsher to their beer brewer if he has an outage, than their politicians after raising their taxes. Death and taxes are certain but, fun and sex is only now.

Offline Toad

  • Plutonium Member
  • *******
  • Posts: 18415
What is a Militia?
« Reply #830 on: January 08, 2008, 09:27:08 PM »
Quote
Copperund's politically slanted appraisal noted.
[/b]


Oh, I was quite certain that you wouldn't accept the grammatical findings of someone who merely taught journalism at USC for 17 years and has written a book that is somewhat of a standard on American Usage and Style.

After all, what could he possibly know about the structure and meaning of a sentence that would counter the opinion you just offered?

Oh.. one other tiny little point: After completing the project, Prof. Copperud, who passed away half a year later, told Schulman that he personally favored gun control. See, J. NEIL SCHULMAN, STOPPING POWER 151-59 (Santa Monica: Synapse-Centurion, 1994).

Overall, it looks like when pressed for a real argument you can't really muster one. When the wrongness and obviousness of your attitude and claim is challenged, you're too proud to back off.

:D
If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!

Offline Toad

  • Plutonium Member
  • *******
  • Posts: 18415
What is a Militia?
« Reply #831 on: January 08, 2008, 09:33:01 PM »
BTW, of the six modalities, beyond doubt 5 of the 6 favor the individual right interpretation of the 2nd Amendment.

:D

Back to the Google-o-matic for you amigo, right after you pass English 101!

:D :D
If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!

Offline Arlo

  • Radioactive Member
  • *******
  • Posts: 24759
What is a Militia?
« Reply #832 on: January 08, 2008, 09:49:09 PM »
Quote
Originally posted by Toad


Oh, I was quite certain that you wouldn't accept ...........
:D


Actually your little problem is you're way too certain about a lot of things. ;) :D

Offline Toad

  • Plutonium Member
  • *******
  • Posts: 18415
What is a Militia?
« Reply #833 on: January 08, 2008, 10:01:35 PM »
I think you find it a problem because you can't counter with anything substantive, as we see once again.

:D
If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!

Offline Arlo

  • Radioactive Member
  • *******
  • Posts: 24759
What is a Militia?
« Reply #834 on: January 08, 2008, 10:23:35 PM »
Ahhhh .... pizz and moan your way back to that. Nothing's substantive if you don't want to hear it. And lawd knows I didn't work hard with ya. Ahem. ;)

Offline lazs2

  • Radioactive Member
  • *******
  • Posts: 24886
What is a Militia?
« Reply #835 on: January 09, 2008, 09:17:01 AM »
we all speak english here and use it every day..  

The USA today poll is saying that out of about half a million Americans who speak english and use it.... that 98% of em feel that the second is indeed a "right"... an individual right.

Is the supreme court gonna tell 98% of the population that they don't know what they are reading?   I don't think so.. not to please the one percent like arlo and bingie that think it is some sort of non right... some sort of "collective right"

did the term "collective right" even exist before orwells book 1984?  I doubt it.

No.. the second just says that the right of the people to keep and bear arms shall not be infringed because we will always need to fight tyranny and an armed populace is always best for that..

from the government being cautious about stepping on rights to japan not even thinking about invasion against an armed populace to burglars in the US being more afraid of armed citizens than even cops to concealed carry making stopping assaults on people...

all forms of tyranny against the individual and the state.

lazs

Offline Bingolong

  • Copper Member
  • **
  • Posts: 330
What is a Militia?
« Reply #836 on: January 09, 2008, 10:05:54 AM »
Quote
Originally posted by lazs2
we all speak english here and use it every day..  

The USA today poll is saying that out of about half a million Americans who speak english and use it.... that 98% of em feel that the second is indeed a "right"... an individual right.

Is the supreme court gonna tell 98% of the population that they don't know what they are reading?   I don't think so.. not to please the one percent like arlo and bingie that think it is some sort of non right... some sort of "collective right"

did the term "collective right" even exist before orwells book 1984?  I doubt it.

No.. the second just says that the right of the people to keep and bear arms shall not be infringed because we will always need to fight tyranny and an armed populace is always best for that..

from the government being cautious about stepping on rights to japan not even thinking about invasion against an armed populace to burglars in the US being more afraid of armed citizens than even cops to concealed carry making stopping assaults on people...

all forms of tyranny against the individual and the state.

lazs



 No it dosnt laz, it says a well regulated militia 1st this insnt hebrew class. and you are just plain wrong.

Btw I  like the way you latched on to that poll like it was gods word to you, it is about all you have.

The well-regulated militia referred to in the Second Amendment was, in fact, the 18th-century equivalent to the U.S. Armed Forces. Other than a small force of paid officers (primarily responsible for supervising civilian conscripts), the United States that existed at the time the Second Amendment was proposed had no professional, trained army. Instead it relied almost exclusively on civilian militias for self-defense--in other words, the rounding up of all available men between the ages of 18 and 50. In the event of foreign invasion, there would be no trained military force to hold back the British or the French. The United States relied on the power of its own citizens to defend the country against attack, and had committed to such an isolationist foreign policy that the chances of ever deploying forces overseas seemed remote at best.

This began to change with the presidency of John Adams, who established a professional navy to protect U.S.-bound trade vessels from privateers. Today, there is no military draft at all. The U.S. Army is made up of a mix of full-time and part-time professional soldiers who are trained well, and compensated for their service.
Furthermore, the U.S. Armed Forces have not fought a single battle on home soil since the end of the American Civil War in 1865. Clearly, a well-regulated civilian militia is no longer a military necessity. Does the second clause of the Second Amendment still apply even if the first clause, providing its rationale, is no longer meaningful?

The Gallup/NCC poll found that of the 68% of respondents who believed that the Second Amendment protects the right to bear arms, 82% still believe that the government can regulate firearm ownership to at least some extent. Only 12% believe that the Second Amendment prevents the government from restricting ownership of firearms.

The same Gallup/NCC poll cited above also found that 28% of respondents believe that the Second Amendment was created to protect civilian militias, and does not guarantee the right to bear arms. Points in their favor:

While the Founding Fathers may have supported the ownership of slow, expensive powder-loaded rifles, it's doubtful that they would have been able to conceive of shotguns, assault rifles, handguns, and other contemporary weaponry.

The Second Amendment makes no sense without the prospect of civilian militias, as it is clearly a propositional statement.

If you really want to overthrow the government, bearing arms probably isn't enough in 2008. You'd need aircraft to take the skies, hundreds of tanks to defeat ground forces, and a full navy. The only way to reform a powerful government in this day and age is through nonviolent means.

What the majority of Americans believe about the Second Amendment is unsurprising, because a majority of Americans have been misinformed about what the Second Amendment accomplishes and how federal courts have traditionally collectivly interpreted it.
« Last Edit: January 09, 2008, 10:51:44 AM by Bingolong »

Offline Toad

  • Plutonium Member
  • *******
  • Posts: 18415
What is a Militia?
« Reply #837 on: January 09, 2008, 01:36:28 PM »
Quote
Originally posted by Arlo
I love to read what I type; it makes me feel a tingly in my special places.

:)
If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!

Offline AKIron

  • Plutonium Member
  • *******
  • Posts: 12793
What is a Militia?
« Reply #838 on: January 09, 2008, 01:42:24 PM »
There's just too darn many people in the world that want to control our guns, our money, our kids upbringing, and even our religion. The irony is that most of these have the audacity to call themselves "liberals".
Here we put salt on Margaritas, not sidewalks.

Offline Toad

  • Plutonium Member
  • *******
  • Posts: 18415
What is a Militia?
« Reply #839 on: January 09, 2008, 01:43:07 PM »
Jeez, Bingo;

You should at least put quotes around the stuff you borrow to substitute for your own input.

For any who care, Bingo clipped that first part from:

http://civilliberty.about.com/od/guncontrol/i/2ndamendment.htm

and the second part from:

http://civilliberty.about.com/od/guncontrol/i/2ndamendment_2.htm
If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!