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The
Below Comments Relate to this Newslink:
NY: ‘Well-regulated militia’ has not been infringed
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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are 3 comments
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On March 31, The News printed a letter criticizing Gov. Andrew Cuomo’s sponsorship of the SAFE Act. The writer quoted a portion of the Second Amendment to the U.S. Constitution, perverting its original intent. The full 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.”
The SAFE Act does not impact in any way the National Guard (present-day equivalent of a “well regulated militia.”) If you are going to quote the Second Amendment, at least have the decency to quote it in its entirety. Otherwise, you are guilty of the hypocrisy that you are accusing Cuomo of. |
| Comment by:
dasing
(4/8/2017)
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| The national guard is a SELECT militia NOT the militia, the whole of the people are the mlitia!!!!! |
| Comment by:
MarkHamTownsend
(4/8/2017)
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Dasing's comment is spot-on.
It's too easy for some to get lost in the weeds on the first clause in th 2A, the "exemplar." The exposition of the right and who owns it is found in the central clause, or antecedent; "the right of the people to keep and bear arms shall not be infringed."
The founders did NOT say "the right of the militia..." They specifically state "right of the PEOPLE"~~~the same people who own the other rights listed in the Founding Document. |
| Comment by:
moondog
(4/9/2017)
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| The National Guard did not exist when the constitution was written. The militia was every able bodied male between the ages of 17 and 45. Ta daaa! |
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| QUOTES
TO REMEMBER |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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