Militia?

[az_imuth]

I think we've all seen and read opinions stating that the RKBA only pertains to the "militia". I'd like to know who these people think the militia is. What is the federal governments definition of "militia" as used in 2A? One final question. Assuming that the USSC ruled along these lines, would this "militia" also be infringed upon?

The reason for these questions is that if the RKBA is ruled as an individual right, I fully expect those rights to be infringed upon as much as ever. Why wouldn't this "militia" be treated in the same manor?

Keep in mind that I only know enough about this subject to be dangerous.
azimuth

 

[GerryM]

"A militia, when properly formed, are in fact the people themselves...and include all men capable of bearing arms." (Richard Henry Lee, Additional Letters from the Federal Farmer (178 at 169)

 

[Samuel Adams]

"A militia, when properly formed, are in fact the people themselves...and include all men capable of bearing arms." (Richard Henry Lee, Additional Letters from the Federal Farmer (178 at 169)

+1

The Anti-Federalists were right.

 

[RobTzu]

See sig.

 

[gc70]

What is the definition of militia?

Notwithstanding the Founders' rhetoric about the militia being everyone, when a legal definition was written in the Militia Act of 1792 (as amended 2/28/1795), the militia included:

each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted).

The current definition of the militia in 10 USC 311 is actually broader and:

consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

 

[LJ-MosinFreak-Buck]

in other words, older than 17 and younger than 45 are militiamen. when will they need us? prolly never

 

[gc70]

Something to consider is whether you want a Constitutional right (RKBA) that expires on your 45th birthday (militia eligibility).

 

[Titan6]

The militia was defined to provide for a fighting force to provide for the common defense. Since the country was not supposed to have a standing army the militia was supposed to get spun up in case of attack.

Keep in mind that even the 1790s not keeping a professional standing army was considered folly by many (but not most) legislators.

 

[iiranger]

English common law...

Before many could read and write, the English had a system of memory of practice, in the area, going back as far as the older could remember and used to guide the judgement of the courts. The king created judges, "common law judges," to uniform the "judgements" across the kingdom.

"Militia" was, to put it bluntly, "cannon fodder." Yes, everyone around who could serve the King's purposes. The King (or Queen, who knew the King's preferences,and there were female rulers, ha, ha) had trained soldiers serving as "military" and "police" where he cared to assign them. You bet he had a palace guard and it was well fed, paid, entertained. Loyal? He hoped, or there was a new "king" suddenly.

In time of war, the leader summoned all who could "go" or "come" and get there. This included local women. These less trained were put to work supporting the trained. Carrying water for the horse of the knight. Swinging an ax if they owned one and brought it. There "reward" was what they could plunder from the dead and keep, if they won. You lost, you lost your ax for starters. Sold as a slave? Maybe.

Best example I have ever run into, the crime of "maiming." You "maimed" someone if you impaired his/her usefulness as a soldier of the king. You bit off the nose. No maiming. Soldiers didn't need to be able to smell. You bit off an ear and impaired the hearing. You gouged out an eye... You "maimed" the person (and offended the king) in addition to everyone else.

So no, there was no elete class that only could be maimed or qualify as "militia." Sorry Barracks... It was everyone still breathing... And sometimes they took the dead and flung them at the enemy to spread disease... !!