this post was submitted on 18 Jul 2024
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[–] [email protected] -1 points 4 months ago (1 children)

Yes. True. Everything had at least half a dozen reasons for and against, that were all debated exhaustively.

But this specific right, is the only one that actually describes a reason for its existence. And that reason no longer exists. That's the important part.

[–] [email protected] 1 points 4 months ago (1 children)

6A) ...to have the assistance of counsel for his defense.

I would argue that the militia still exists it's just the government isn't doing it's duty to regulate the body of the people to be capable of common defense well. And to assume a right protected by the constitution could be outmoded by government inaction is self defeating logic.

[–] [email protected] -1 points 4 months ago* (last edited 4 months ago) (1 children)

Of course they are. It's the whole military. More specificaly The National Guard. We have permanent professional soldiers who replaced the militia long ago.

[–] [email protected] 3 points 4 months ago (1 children)

The military and national guard aren't militia, they are armies. A select militia is no militia at all. And professional soldiers can't replace a militia as it is them who on rare occasion they are tasked with opposing.

At the siege of Boston the Connecticut militia along with the Green Mountain Boys, and the men of Massachusetts showed up to oppose the British regulars. The regulars were professional soldiers. The rest the militia.

Our professional army maybe our ally in liberty today but history has shown that may not always be the case.

[–] [email protected] -1 points 4 months ago (1 children)

The National Guard are the modern militia. Deployable by the Governor, not the President.

[–] [email protected] 3 points 4 months ago

A select militia is no militia at all. It defeats to core purpose of a militia. And it isn't deployable by the President. But it is by Congress (then under Exec leadership). Read the Federalist Papers/Antifederalists Papers. Throw Blackstone and Story in there too.

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; -Article 1 Sec 8

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; - Article 2 Sec 2