NelsErik
Member
I saw this article this morning and thought it was very interesting. Has anyone ever seen this analysis before? The author has a blog regarding the Constitution that I regularly read. She seems pretty spot on usually.
Can everyone really be required to own a gun?
I read the Code of Conduct several times and am unsure if this is appropriate or not... delete or lock as necessary.
The Constitution Authorizes Congress To Require Citizens to Buy Guns and Ammunition.
In 1792, Congress passed “An Act more effectually to provide for the National Defense by establishing an Uniform Militia throughout the United States.”[2]
This Act required all able-bodied male citizens (except for federal officers and employees) between the ages of 18 and under 45 to enroll in their State Militia, get a gun and ammunition, and train.
Does Congress have authority in the Constitution to require this? Yes! Article I, Sec. 8, clause 16 says Congress has 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,
reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;” [boldface mine]
That is what authorizes Congress to require adult male citizens to buy guns and ammunition.
As Section 1 of the Militia Act of 1792 reflects, the “Militia” is the citizenry! Our Framers thought it such a fine idea that The People be armed, that they required it by law!
See, e.g., the second half of Federalist Paper No. 46 where James Madison, Father of Our Constitution, speaks of how wonderful it is that the American People are armed – and why they need to be.[3]
So! In the case of Congress’ requiring adult citizens to buy guns and ammunition, Congress has specific authority under Art. I, Sec. 8, cl.16.
Can everyone really be required to own a gun?
I read the Code of Conduct several times and am unsure if this is appropriate or not... delete or lock as necessary.