Militia Clause - Factbites

Militia Clause - Factbites
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Topic: Militia Clause

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In the News (Fri 25 Dec 09)

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	THE SECOND AMENDMENT AND THE PERSONAL RIGHT TO ARMS
		The clause concerning the militia was not intended to limit ownership of arms to militia members, or return control of the militia to the states, but rather to express the preference for a militia over a standing army.
		The Slaughter-House Cases denied that the Privileges and Immunities Clause of the Fourteenth Amendment extended any protection from the Bill of Rights against the states.
		The immunities of citizens with respect to rights previously secured only from abridging acts of Congress were recast in the Fourteenth Amendment as immunities secured also from any similar act by any state.
	www.guncite.com /journals/vanalful.html

	SPSW - Govt. raids on medicinal marijuana farms illegal
		Clause 16: 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, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
		Clause 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
		Clause 18 only allows you to do things which help carry out foregoing powers, like create goverment beauracracies(spelling?).
	www.someplacesomewhere.com /topic.asp?TOPIC_ID=11717

	99-1072.htm
		Congress' power to declare war works in conjunction with the authority granted to the President under the Constitution to act as "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." U.S. Constitution, Art.
		Plaintiffs have sued President William Jefferson Clinton, contending that he has violated the War Powers Clause of the Constitution by beginning the air strikes prior to a congressional declaration of war and by continuing the air strikes without any congressional declaration of war or authorization under the Constitution.
		Rather, the measure declaring war on the Federal Republic of Yugoslavia was overwhelmingly defeated in the House of Representatives, and the concurrent resolution that would have authorized the President to conduct military air operations and missile strikes in cooperation with NATO allies against Yugoslavia was very narrowly defeated in the House of Representatives.
	jurist.law.pitt.edu /99-1072.htm

	Declare War before Waging War, Part 2
		Legislators are to declare war; they also raise the military, organize the militia, and implement the rules of war (such as authorizing letters of marque and reprisal and defining and punishing piracy).
		One favorite claim is that the president has some unspecified, ill-defined “foreign-affairs power ” that reduces the explicit war-powers clause to a nullity.
		The expansive notions of executive power that Hamilton and his allies espoused after 1789 — smacking as they did of monarchical prerogatives — would probably have doomed the Constitution to rejection had they been advanced in 1787–1788 and were for that very reason illegitimate and incorrect.
	www.fff.org /freedom/fd0202e.asp

	It is an armed citizenry that I fear [long] [Free Republic]
		Would that qualify as "an armed citizenry?" It most certainly wouldn't qualify as a "well regulated Militia."
		You use an example of "gentleman farmer George Washington and his friend George Mason" and their founding of the Fairfax County Militia.
		The Second Amendment states: "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."
	www.freerepublic.com /forum/a38a32c092f0f.htm

	U.S. CONSTITUTION
		Clause 16: 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, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
		Clause 7: The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
		Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.
	www.house.gov /Constitution/Constitution.html

	U.S. CONSTITUTION
		Clause 16: 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, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
		Clause 7: The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
		Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.
	www.house.gov /Constitution/Constitution.html (3004 words)

	Sane Guns
		Whatever state defense forces are, it seems unlikely that they are the militia of the Constitution, since they explicitly can't be called up by Congress as per the terms of the militia clause.
		In that that context it assures both the states and the people that they will have their militia-- under the control of a a "civil power", as the state's own constitutions of the time noted (see State Declarations of Rights relating to Arms.
		That said, the most specific precident is Madison's response to Henry -- that the power to arm the militia the militia was not limited solely to the federal goevernment....
	www.saneguns.org /discus/messages/3/46.html?997751650 (1438 words)

	What the Supreme Court said abouththe Second Amendment
		The Commonplace Second Amendment, which argues that the Second Amendment follows a common pattern of constitutional drafting from the Early Republic: there is a “purpose clause,” followed by a main clause.
		This quoting pattern suggests that, generally speaking, Supreme Court justices have not considered the “purpose clause” at the beginning of the Second Amendment to be essential to the meaning of the main clause.
		They contend that to omit the introductory clause is to distort completely the Second Amendment’s meaning.
	www.apfn.org /apfn/2nd.htm (1629 words)

	U.S. CONSTITUTION
		Clause 16: 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, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
		Clause 3: The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves.
		Clause 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
	www.house.gov /Constitution/Constitution.html (1629 words)

	FindLaw Constitutional Law Center: U.S. Constitution: Second Amendment
		The opposing theories, perhaps oversimplified, are an ''individual rights'' thesis whereby individuals are protected in ownership, possession, and transportation, and a ''states' rights'' thesis whereby it is said the purpose of the clause is to protect the States in their authority to maintain formal, organized militia units.
		The Supreme Court has given effect to the dependent clause of the Amendment in the only case in which it has tested a congressional enactment against the constitutional prohibition, seeming to affirm individual protection but only in the context of the maintenance of a militia or other such public force.
		United States, 445 U.S. n.8 (1980) (dictum: Miller holds that the ''Second Amendment guarantees no right to keep and bear a firearm that does not have 'some reasonable relationship to the preservation or efficiency of a well regulated militia''').
	supreme.lp.findlaw.com /constitution/amendment02 (958 words)

	The Right to Arms: Does the Constitution or the Predilection of Judges Reign?
		[83] However, in these four proposals the arms right stood by itself as a declarative independent clause: "the people have a right to keep and bear arms." The autonomy of the clause supports an interpretation that arms kept for customary uses is an unqualified right.
		No clause in the Constitution could by any rule of construction be conceived to give to congress a power to disarm the people.
		The Court made no finding that the right to arms belonged only to the militia and in remanding did not suggest that the lower court inquire as to what constitutes the militia in Arkansas, nor did it suggest an inquiry as to the defendants' able-bodiedness.
	www.guncite.com /journals/dowjud.html (14516 words)

	Second Amendment
		The opposing theories, perhaps oversimplified, are an ``individual rights'' thesis whereby individuals are protected in ownership, possession, and transportation, and a ``states' rights'' thesis whereby it is said the purpose of the clause is to protect the States in their authority to maintain formal, organized militia units.
		The Supreme Court has given effect to the dependent clause of the Amendment in the only case in which it has tested a congressional enactment against the constitutional prohibition, seeming to affirm individual protection but only in the context of the maintenance of a militia or other such public force.
		United States, 445 U.S. 55, 65 n.8 (1980) dictum: Miller holds that the ``Second Amendment guarantees no right to keep and bear a firearm that does not have `...some reasonable relationship to the preservation or efficiency of a well regulated militia'''.
	mywebpages.comcast.net /rdsandman/second.htm (1116 words)

	Guns, Words and Constitutional Interpretation
		By analogy to Schenck's equation of the First Amendment and the common law, [144] it is conceivable that Miller could prevail on the claim that a shotgun was a militia weapon and still lose on the merits of his Second Amendment claim.
		First, the Second Amendment does not protect firearms that have no "reasonable relationship to the preservation or efficiency of a well regulated militia." [112] Second, the Amendment's purpose is "to assure the continuation and render possible the effectiveness of [the militia]." [113] Third, the militia is comprised of all adult males.
		Recall that the core of early Contracts Clause jurisprudence was a prohibition on state enactment of debtor relief laws.
	www.foac-pac.org /laws/Powe.html (1116 words)

	Ukraine Ministry of Internal Affairs
		The heads of regional city militia departments are appointed, after obtaining consent of the local Soviet, by: heads of regional militia departments by the Minister of Internal Affairs; heads of city and district militia departments - by heads of regional militia departments (Clause 7).
		An "internal" passport providing identifying information and specifying a residence address is still mandatory for Ukrainian citizens over the age of sixteen.
		There are two principal security agencies, which share responsibility for internal security: The Security Service of Ukraine (SBU), which is responsible for intelligence gathering and the Ministry of Internal Affairs, which controls the various police forces.
	www.globalsecurity.org /intell/world/ukraine/mia.htm (1072 words)

	WHETHER THE SECOND AMENDMENT SECURES AN INDIVIDUAL RIGHT
		The Second Amendment's preface identifies as a justification for the individual right that a necessary condition for an effective citizen militia, and for the "free State" that it helps to secure, is a citizenry that is privately armed and able to use its private arms.
		Thus, the "people" in the Second Amendment were distinct from the "Militia" and a "State," but a right of the people to keep and bear arms was understood both to facilitate a well-regulated militia and to help maintain a State that was free.
		Although the Amendment's prefatory clause, standing alone, might suggest a collective or possibly quasi-collective right to a modern reader, when its words are read as they were understood at the Founding, the preface is fully consistent with the individual right that the Amendment's operative language sets out.
	www.usdoj.gov /olc/secondamendment2.htm (14049 words)

	FindLaw: U.S. Constitution: Second Amendment
		The opposing theories, perhaps oversimplified, are an ''individual rights'' thesis whereby individuals are protected in ownership, possession, and transportation, and a ''states' rights'' thesis whereby it is said the purpose of the clause is to protect the States in their authority to maintain formal, organized militia units.
		The Supreme Court has given effect to the dependent clause of the Amendment in the only case in which it has tested a congressional enactment against the constitutional prohibition, seeming to affirm individual protection but only in the context of the maintenance of a militia or other such public force.
		Cruikshank, 92 U.S. [Footnote 4] 307 U.S. The defendants had been released on the basis of the trial court determination that prosecution would violate the Second Amendment and no briefs or other appearances were filed on their behalf; the Court acted on the basis of the Government's representations.
	caselaw.lp.findlaw.com /data/constitution/amendment02 (990 words)

	Modern Commentators on the Constitution's War Power
		When combined with the 'necessary and proper' clause, Article 1, Section 8 offers overwhelming evidence that Congress is required by the Constitution to determine whether the United States makes war or remains at peace.
		that 'it is the exclusive province of congress to change a state of peace into a state of war.' No delegate to the Convention and no delegate to any state ratifying convention, gave a different interpretation to the war clause.
		The controversialists who have introduced the novel theory supporting such authority have been obliged to revise the war clause.
	www.warandlaw.homestead.com /files/modernco.html (990 words)

	Civic Republicanism and the Citizen Militia: The Terrifying Second Amendment
		The Second Amendment begins with the claim that a "well regulated militia" is "necessary to the security of a free state." This language implicitly refers to an old set of republican fears and hopes: a militia could help to limit corruption, unlike a standing army, which would be part of the problem.
		State proposals for the Amendment typically described the militia as "the body of the people"[151]--a phrase denoting the whole or the bulk of the community.
		The history of the clause supports this view: the Second Amendment was copied from right to arms provisions in state constitutions,[211] and the debates at the time reveal no suggestion that the scope of the right changed when adopted into the federal Bill of Rights.
	www.guncite.com /journals/willterr.html (18891 words)

	United States vs. Timothey Joe Emerson
		The Senators also omitted the phrase describing the militia as "composed of the body of the people." Elbridge Gerry's fear that future Congresses might expand on the religious exemption clause evidently convinced the Senate to eliminate that clause as well.
		While states' rights theorists seize upon this first clause to the exclusion of the second, both clauses should be read in pari materia, to give effect and harmonize both clauses, rather than construe them as being mutually exclusive.
		That Madison envisioned a personal right to bear arms, rather than merely a right for the states to organize militias, is evident from his desired placement of the right in the Constitution.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/emerson.html (3317 words)

	FindLaw: U.S. Constitution: Second Amendment
		The opposing theories, perhaps oversimplified, are an ''individual rights'' thesis whereby individuals are protected in ownership, possession, and transportation, and a ''states' rights'' thesis whereby it is said the purpose of the clause is to protect the States in their authority to maintain formal, organized militia units.
		United States, 445 U.S. n.8 (1980) (dictum: Miller holds that the ''Second Amendment guarantees no right to keep and bear a firearm that does not have 'some reasonable relationship to the preservation or efficiency of a well regulated militia''').
		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.
	caselaw.lp.findlaw.com /data/constitution/amendment02 (3317 words)

	Untitled Document
		The act of 14 Charles II, ch 13 for encouraging protestant strangers to inhabit the kingdom of Ireland is revived and made permanent, other than the clause exempting them from payment of excise, providing such stranger shall take the usual oaths and declaration..
		And any papist who shall not deliver such horse as required, or in whose possession any arms are found, shall pay the sum of 10 pounds, one half to the informer, the other to the use of the militia.
		Any papist house-keeper, or master of a family within a city or town, shall find a fit and sufficient protestant man to serve in the militia in his stead.
	www.law.umn.edu /irishlaw/chron-georges.html (3317 words)

	Article 1, Section 8, Clause 15: James Monroe to Chairman of Senate Military Committee
		A copy of this correspondence is presented to communicate to the committee every circumstance that has occurred relating to the command of the militia in the service of the United States.
		To displace militia officers for the employment of regular, or to multiply commands of a separate character, especially of small bodies, for that purpose, would be improper.
		Article 1, Section 8, Clause 15: James Monroe to Chairman of Senate Military Committee
	press-pubs.uchicago.edu /founders/documents/a1_8_15s18.html (3317 words)

	Dialogue on Darfur crisis off to uneasy start
		Insisting that the Sudanese government had not shown commitment to any clause in the ceasefire agreement, the rebels said their participation in the political dialogue would be on the condition that all prisoners-of-war and persons detained because of the conflict in Darfur are set free.
		The humanitarian ceasefire agreement was signed 8 April 2004 in N'djamena, Chad, but the rebels allege that it has since been violated several times by government troops and the mounted militia called the 'Janjaweed'.
		Speaking on behalf of the rebel movements, JEM general coordinator Ahmed Mohammed Tugod said they would not take part in negotiations with the government until it removed all Janjaweed militia as well as the police and the army from the region.
	www.panapress.com /freenews.asp?code=eng049561&dte=16/07/2004 (3317 words)

	The Second Amendment & State Constitutions
		The New York State Constitution of 1821 carries over the language of the 1777 constitution, which provides some evidence to justify the argument that the purpose of the "well regulated militia" clause was for a collective defense.
		By this clause of the constitution, an express power is given and secured to all the free citizens of the state to keep and bear arms for their defence, without any qualification whatever as to their kind or nature...
		State (1871), the Tennessee Supreme Court unambiguously recognized that an individual right to bear arms for self-defense was protected, even in the presence of the qualifier, "for their common defense".
	www.firearmsandliberty.com /cramer.state2nd.html (3317 words)

	The Bill of Rights as a Constitution
		Opposition to these bills in the House of Representatives was led by none other than Daniel Webster, who argued that any federal draft under the army clause impermissibly evaded the constitutional limitations on federal use of the militia.
		And does not the right to "regulate" subsume the right to prohibit, as the Supreme Court has explicitly recognized in commerce clause cases such as Champion v.
		The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
	www.guncite.com /journals/amar.html (5411 words)

	The Unabridged Second Amendment
		[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.
		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.
		And here in the United States, elected lawmakers, judges, and appointed officials who are pledged to defend the Constitution of the United States ignore, marginalize, or prevaricate about the Second Amendment routinely.
	www.firearmsandliberty.com /unabridged.2nd.html (1721 words)

	FindLaw: U.S. Constitution: Second Amendment
		The opposing theories, perhaps oversimplified, are an ''individual rights'' thesis whereby individuals are protected in ownership, possession, and transportation, and a ''states' rights'' thesis whereby it is said the purpose of the clause is to protect the States in their authority to maintain formal, organized militia units.
		United States, 445 U.S. n.8 (1980) (dictum: Miller holds that the ''Second Amendment guarantees no right to keep and bear a firearm that does not have 'some reasonable relationship to the preservation or efficiency of a well regulated militia''').
		Cruikshank, 92 U.S. [Footnote 4] 307 U.S. The defendants had been released on the basis of the trial court determination that prosecution would violate the Second Amendment and no briefs or other appearances were filed on their behalf; the Court acted on the basis of the Government's representations.
	caselaw.lp.findlaw.com /data/constitution/amendment02 (971 words)

	sg890222.txt
		The constitutional source of authority for the NGUS was not at issue in any of those cases, and the statements cited were unaccompanied by even a cursory analysis of the constitutional authority for the NGUS under the Army or Militia Clauses.
		The reservation to the States of authority to train the Militia does not conflict with Congress' authority to raise armies for the common defense and to control the training of federal reserve forces.
		Like the district court, the court of appeals determined that the dual enlistment system and the authority conferred on federal officials to order NGUS units to active duty for training were valid exercises of Congress's power under the Army Clause.
	www.usdoj.gov /osg/briefs/1989/sg890222.txt (13419 words)

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In the News (Fri 25 Dec 09)