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Very Hot Topic (More than 25 Replies) How About Actually Forming "A Well-Regulated Militia" (Read 2223 times)
Little Biq Man
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Re: How About Actually Forming "A Well-Regulated Militia"
Reply #20 - Sep 13th, 2019 at 7:49pm
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Jeff wrote on Sep 13th, 2019 at 7:25pm:
What?

The Constitution assumes that States will have well organized, well trained, and well armed Militias, so as to be able to resist federal encroachment on our rights.

Why do you think otherwise? Ignorance?


Well . . . I see nothing in the constitution that forbids states from drafting people into the militia.  So, even if the Confederate States of America was never a valid nation, each state certainly had the right to draft citizens into its militia to defend against federal encroachment.
  
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yamcha
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Re: How About Actually Forming "A Well-Regulated Militia"
Reply #21 - Sep 14th, 2019 at 5:51am
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Archie Bunker on gun control.  Really good, Chief.

  
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Jeff
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Re: How About Actually Forming "A Well-Regulated Militia"
Reply #22 - Sep 14th, 2019 at 9:07am
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Little Biq Man wrote on Sep 13th, 2019 at 7:49pm:
Well . . . I see nothing in the constitution that forbids states from drafting people into the militia.  So, even if the Confederate States of America was never a valid nation, each state certainly had the right to draft citizens into its militia to defend against federal encroachment.
Yeah, too bad South Carolina screwed up and attacked Ft. Sumter, If they hadn't done that, maybe the slave nation you want would exist today. Cry
  

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Jeff
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Re: How About Actually Forming "A Well-Regulated Militia"
Reply #23 - Sep 14th, 2019 at 9:11am
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Little Biq Man wrote on Sep 13th, 2019 at 7:07pm:
Help me wise up by citing the clause in the constitution that restricts what states can do with conscripts they draft into their militias under their constitution.
State laws governing their militias must be necessary, and proper, to the accomplishment of the tasks the militia is organized to accomplish, which is defense of the state and the nation.


  

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Little Biq Man
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Re: How About Actually Forming "A Well-Regulated Militia"
Reply #24 - Sep 14th, 2019 at 11:06am
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Little Biq Man wrote yesterday at 7:07pm:
Quote:
Help me wise up by citing the clause in the constitution that restricts what states can do with conscripts they draft into their militias under their constitution.


Jeff wrote on Sep 14th, 2019 at 9:11am:
State laws governing their militias must be necessary, and proper, to the accomplishment of the tasks the militia is organized to accomplish, which is defense of the state and the nation.


What clause says that? 

This part spells out the functions of the militia:

15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions

The first one "execute the laws of the Union," is extremely broad and non-specific.



  
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Jeff
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Re: How About Actually Forming "A Well-Regulated Militia"
Reply #25 - Sep 14th, 2019 at 12:33pm
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Little Biq Man wrote on Sep 14th, 2019 at 11:06am:
Little Biq Man wrote yesterday at 7:07pm:


What clause says that? 

This part spells out the functions of the militia:

15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions

The first one "execute the laws of the Union," is extremely broad and non-specific.



The laws of the union must be enacted under the authority of the Constitution, which grants only limited powers.

Only "progressives" think the powers granted by the Constitution are "broad and non-specific".
  

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Little Biq Man
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Re: How About Actually Forming "A Well-Regulated Militia"
Reply #26 - Sep 14th, 2019 at 1:03pm
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Jeff wrote on Sep 14th, 2019 at 12:33pm:
The laws of the union must be enacted under the authority of the Constitution, which grants only limited powers.


Right, like making laws necessary and proper to provide for the general welfare.

Quote:
Only "progressives" think the powers granted by the Constitution are "broad and non-specific".


Correct.  Congress has to first deem a law necessary and proper under - for example - the general welfare clause.

If it does so deem a law, it can call out the militia to execute that law.

Right?
  
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Jeff
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Re: How About Actually Forming "A Well-Regulated Militia"
Reply #27 - Sep 14th, 2019 at 3:17pm
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Little Biq Man wrote on Sep 14th, 2019 at 1:03pm:
Right, like making laws necessary and proper to provide for the general welfare.
General is a key word.

For example, having easily recognizable money of standard constant value is a benefit to everyone. So is having standard weights and measures. So is having the means to defend the nation.

Building government housing in inner cities is not. (It can be argued that it benefits no one other than the contractors hired to build it.)

Neither are any transfers of wealth.

Neither is subsidizing high speed railroads that serve very few people.

Necessary is another key word... What makes it "necessary" for the general welfare to create an Export Import Bank that mostly transfers wealth to Boeing?
  

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Jeff
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Re: How About Actually Forming "A Well-Regulated Militia"
Reply #28 - Sep 14th, 2019 at 3:20pm
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Little Biq Man wrote on Sep 14th, 2019 at 1:03pm:
Correct.  Congress has to first deem a law necessary and proper under - for example - the general welfare clause.

If it does so deem a law, it can call out the militia to execute that law.

Right?
You expect a rebellion against a law that does in fact benefit everyone? Grin Grin Grin

If Congress "deems" the part of the day when the sun is hidden behind the earth to be "Daytime", that doesn't make it so.
  

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Little Biq Man
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Re: How About Actually Forming "A Well-Regulated Militia"
Reply #29 - Sep 14th, 2019 at 4:19pm
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Jeff wrote on Sep 14th, 2019 at 3:20pm:
You expect a rebellion against a law that does in fact benefit everyone? Grin Grin Grin

If Congress "deems" the part of the day when the sun is hidden behind the earth to be "Daytime", that doesn't make it so.


Legally, though, it might as well.  If Congress passed a law that said, "People can only go out in the day time, defined as the part of the day in which the sun is "hidden behind the Earth" (which isn't really how it works, but I'll skip the basic astronomy class), then legally speaking it would be day.

Unless, of course it was ruled an unconstitutional law.  But you do know to whom the Constitution grants power to decide cases arising under it, do you not?


  
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