Reply #351: Sheesh Guys - this really isn't that complicated. The Militia of the several States [View All]

[jmg257]

had a VERY vital role to play in support of the Constitution and the new govt: specifically "to execute the Laws of the Union, suppress Insurrections and repel Invasions". It is NO coincidence that their duty, when employed in federal service, matches almost the whole reason for the Constitution, namely: "establish Justice {execute}, insure domestic Tranquility {suppress}, provide for the common defence {repel}, promote the general Welfare, and secure the Blessings of Liberty {execute, suppress, repel}..."

It is also NO coincidence that the Constitution says the United States "shall guarantee to every State in this Union a Republican Form of Government {a free State}, and shall protect each of them against Invasion {repel}; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence {suppress}".

In order to have more uniform, more effective Militia of the several States*, so they can better serve in their new federal role, the Constitution gives Congress the power "To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States" while "reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress". Oh, Congress was also "To provide for calling forth the Militia to execute, suppress, repel", and the President "shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States**, when called into the actual Service of the United States;". (he was later given power to call forth the Militia too, as provided for by Congress*).


The Militia clause above ALREADY states the Militia is to be armed, & it took the powers from the states and gave them to Congress for coming up with how the individual people WHEN SERVING IN the militias must arm themselves, and how they must be organized and trained*. Congress CANNOT ignore or neglect the Militia of the several States - they are vital, they are permanent, THEY ARE REQUIRED..."to execute the Laws of the Union, suppress Insurrections and repel Invasions".

The declaratory clause of the 2nd amendment observes & reiterates the importance of the Militia of the several States - they are "NECESSARY for a free State", while the restrictive clause secures the RIGHT OF THE PEOPLE to keep and bear arms {PERIOD}. Apparently(?), possibly(?), service in the Militia of the several States is a primary reason for securing that right, but there is NOTHING in the 2nd, OR the rest of the Constitution, that LIMITS that right only to militia duty. In fact, the 2nd specifically and explicitly says "the right of the people to keep and bear arms SHALL NOT BE INFRINGED".


*The Militia Act of 1792, Passed May 8, 1792, providing federal standards for the organization of the Militia.
An ACT more effectually to provide for the National Defence, by establishing an Uniform Militia throughout the United States.
**emphasis shows what "the Militia" is, means the same throughout the constitution.

Note: None of the above replaces words in the Constitution, or depends on anything else other then a quickly enacted Act of Congress to clearly show intent.