The Militia

I have mentioned a number of times in earlier posts that the Second Amendment is all about the militia — not about our right to carry guns. It’s clear from the way the amendment is stated that maintaining a militia is of central importance. It’s because the Founders insisted that each state have a militia and that there never be a standing army that they saw fit to mention the “right” to bear arms. Consider, for example, the following Article in the Constitution itself.

In the very first Article (Section 8) we are told that the Congress shall have the power, among other things, to

“. . .provide for calling forth the Militia to execute the laws of the Union, suppress Insurrections and repel Invasions; To provide for the 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.”

The concern here, clearly is to guarantee that the states will severally maintain an armed Militia, that there might never be a standing army. When it came time to put down the Whiskey Rebellion in Western Pennsylvania during George Washington’s first term as President, for example, he himself led a group of state militia Westwards. There was no standing army, though Alexander Hamilton worried that the new country might eventually need one. Moreover, the Second Article in the Constitution  that outlines the very limited powers of the President tells us that:

“The President shall be Commander-in-Chief of the Army and Navy of the United States [which were non-existent!], and of the Militia of the several states when called into actual Service of the United States. . .”

Indeed, what is clear from reading the Constitution is that those who wrote and passed on it were primarily concerned that the states would retain power over their own affairs and the Union would intercede only when absolutely necessary. At the same time, given Washington’s difficulties maintaining his army during the Revolution, there is concern that the Militia when called upon  be trained “according to the discipline prescribed by Congress” — i.e., by someone who knew what he was doing. It was assumed that the Congress would appoint someone with experience to initiate the actual training. There is, throughout the document, a concern for what is referred to in the Preamble as “the general Welfare,” or what those men regard as the Common Good, balanced by the determination not to allow the Union to lord it over the several states.

The President, as mentioned above, was to be more or less a figurehead. He is not Dictator as some who are currently running for that office apparently believe: his hands are tied tightly. The Congress, for better or worse (and we are seeing examples of the latter every day) holds the ultimate power. The President, as chief executive officer, has the power to execute the laws, not to make them. But, more to the point, the “right” to carry weapons mentioned in the Second Amendment was predicated on the need for a Militia to protect both the individual states and, if necessary, the Union. And, as the very conservative President Reagan said years ago, it does not rule out hunting weapons, but it also most assuredly does not guarantee every citizen the right to carry “AK-47s,  machine guns.”

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3 thoughts on “The Militia

  1. And, yet these few words are given sacrosanct status even more holy than the First Amendment. By the way, I saw a stat from the American a Journal of Medicine that said 95% of gun deaths are done by people without a mental health issue. So, the NRA focuses on the 5% at the expense of the others.

  2. I don’t know about you, but I am getting so weary of statements or phrases being pulled out of context to become just pure self-serving rhetoric. I think this post goes hand in hand with your post about lies. Thanks for putting the 2nd amendment back into the context from whence it came!

    • The context is essential in this case, though one never hears about the concern for a militia — only about the supposed right evertyone is supposed to have to bear arms. It’s called “selective reading” — supposing that those who shout loudest have read the document at all! Thanks for the visit and the comment.

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