Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

jimmy the one

(2,717 posts)
79. no louisiana militias circa reconstruction?
Wed Nov 11, 2015, 12:49 PM
Nov 2015

surfer guru: You have misconstructed Miller's simple statement about the object of the 2nd Amendment and misapplied it to constrain the right to keep and bear arms (which is a separate thing, existing without reference to or any dependence upon the 2nd Amendment).

I have not misinterpreted this: -- With obvious purpose to assure the continuation and render possible the effectiveness of such {militia} forces, the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.

As opposed to any scalia style individual interpretation, accd'g to 1939 scotus, duh.

Why didn't you include miller 1939 in your previous list of I-rkba arguments? A glaring omission. You are correct on some things - ie the right to self defense is a separate concept from the 2ndA, and existed thousands of years prior to 2ndA being written.

surfer guru: Since Blacks were barred from serving, they could be disarmed. Congratulations on at least widening the net of people you want to disarm..

You make me sick, with idiotic ad hominem like the above.

surf guru: And it can't be "militia centric", there was no militia for anyone, White or Black, to join in Louisiana thus..

Tenuously concede you got me on this one, temporarily at least; what was it, there was a gap during the 1870's where LA had no militia? I fear a technicality.
I don't understand what you say, here is info & state constitution, albeit not until 1879:

1865 Louisiana Blacks require police and employer approval to own guns, unless in military. Louisiana Statute of 1865 prohibited blacks, not in the military service, from “carrying fire-arms, or any kind of weapons … without the special permission of his employers, approved and indorsed by the nearest and most convenient chief of patrol.”

With passage of federal reconstruction laws between 1866 and 1870 the U.S. Army took control of the former rebel states and ordered elections to be held. These elections were the first in which African Americans could vote. Each state (except Virginia) elected Republican governments, which organized militia units. The majority of militiamen were black. Racial tension and conflict, sometimes intense, existed between the Negro freedmen and the ex-Confederate whites.
In parts of the South, white paramilitary groups and rifle clubs formed to counter this black militia; regardless of the laws prohibiting drilling, organizing, or parading except for duly authorized militia. These groups engaged in a prolonged series of retaliatory, vengeful, and hostile acts against this black militia.
"...the militia companies were composed almost entirely of Negroes and their marching and counter-marching through the country drove the white people to frenzy.

https://en.wikipedia.org/wiki/Militia_(United_States)#Reconstruction_era

Louisiana: The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person. (enacted 1974).
1879: "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 abridged. This shall not prevent the passage of laws to punish those who carry weapons concealed."

Another drive by post with no comment OakCliffDem Oct 2015 #1
Or we could change the SC make up and safeinOhio Oct 2015 #2
Except that the majority of citizens know it is not a collective right OakCliffDem Oct 2015 #4
"Natural Rights" and John Locke. safeinOhio Oct 2015 #5
Natural law folks safeinOhio Oct 2015 #9
That genie won't go back in the bottle Big_Mike Oct 2015 #27
what he said safeinOhio Oct 2015 #28
Stevens has been very forthright in stating and restating his position on 2A Big_Mike Oct 2015 #29
Just one vote, or one judge away from safeinOhio Oct 2015 #30
Just ike they ruled against gay marriage, "Obamacare" and repealed Roe v. Wade? DonP Oct 2015 #32
Who is it, do you think, thats going to bring a second amendment case... beevul Oct 2015 #33
Yep I missed that as I was focused on safeinOhio Oct 2015 #34
Hes just letting everyone know that he either doesn't understand... beevul Oct 2015 #35
Some really crazy gun rights person safeinOhio Oct 2015 #36
The latest in a long chain of similar examples, I'm sure. beevul Oct 2015 #37
You are focused on an invented interpretation. Surf Fishing Guru Nov 2015 #38
but, but, but, but safeinOhio Nov 2015 #39
no, he is describing the concept gejohnston Nov 2015 #40
and the 2nd is the ONLY right safeinOhio Nov 2015 #41
said no scholar ever gejohnston Nov 2015 #51
Really? safeinOhio Nov 2015 #52
for more about the author safeinOhio Nov 2015 #53
two critiques of his gejohnston Nov 2015 #55
No scholar ever. safeinOhio Nov 2015 #57
Saul Cornell gejohnston Nov 2015 #54
You said "NO scholar ever". safeinOhio Nov 2015 #56
I also said who studied the issue seriously gejohnston Nov 2015 #58
OK, how about 15 eminent university professors of early american history safeinOhio Nov 2015 #60
did they base their opinions on gejohnston Nov 2015 #61
fifteen eminent university professors of early American history safeinOhio Nov 2015 #62
your logical fallacy is gejohnston Nov 2015 #63
to answer your question gejohnston Nov 2015 #64
Sure academics can get called out on what they safeinOhio Nov 2015 #65
they all do gejohnston Nov 2015 #66
Is someone who sells out to a gejohnston Nov 2015 #59
You should do some research. Write a paper. safeinOhio Nov 2015 #67
why when so many have done much better gejohnston Nov 2015 #68
what, what, what, what . . . Surf Fishing Guru Nov 2015 #50
how did you miss 1939 miller???? jimmy the one Nov 2015 #44
So,did that repeal the National Firearms act, pass a few years earlier safeinOhio Nov 2015 #45
Well . . . Surf Fishing Guru Nov 2015 #49
militia centric jimmy the one Nov 2015 #72
You have a very fertile mind and great skill finding souces rife with confirmation bias Surf Fishing Guru Nov 2015 #74
surfer guru in fantasy land jimmy the one Nov 2015 #76
Oh Jimmy! Surf Fishing Guru Nov 2015 #80
barroom dancer april love jimmy the one Nov 2015 #78
Awwww Jimmy . . . Surf Fishing Guru Nov 2015 #81
no louisiana militias circa reconstruction? jimmy the one Nov 2015 #79
Facepalm . . . Surf Fishing Guru Nov 2015 #82
con artist in the surf jimmy the one Nov 2015 #83
No kidding. They think the NRA disbanding will change the constitution? yeoman6987 Oct 2015 #3
The NRA and accomplices managed to change the reading of the Second Amendment... Human101948 Oct 2015 #8
Accomplices? People such as Big_Mike Oct 2015 #10
Scholarship? Human101948 Oct 2015 #11
Yes, scholarship Big_Mike Oct 2015 #26
lawrence tribe misconception strikes again jimmy the one Nov 2015 #43
I read an article on it in the NY Times years ago. Big_Mike Nov 2015 #69
Still think Tribe is on your side? jimmy the one Nov 2015 #70
You miss my point regarding Professor Tribe Big_Mike Nov 2015 #75
The 2A posits an individual right that can be strictly regulated hack89 Nov 2015 #77
Destroying rights is really "progressive"....what a dolt. ileus Oct 2015 #6
World Nut Daily? Really? krispos42 Oct 2015 #7
Aren't we always lectured by our "betters" on using right wing sources? DonP Oct 2015 #12
You can use any source IF it fits an agenda. ileus Oct 2015 #13
Well, some people can. Others are pilloried for doing it. DonP Oct 2015 #14
You mean this one? GGJohn Oct 2015 #19
Ah, the vanishing and reappearing Co-Captain of Castle Bansalot DonP Oct 2015 #21
So true Duckhunter935 Oct 2015 #23
I recall a post sarisataka Oct 2015 #24
That's rich sarisataka Oct 2015 #15
"...articles written by noted politcal analysts Chuck Norris, Pat Boone and Charlie Daniels." beardown Oct 2015 #22
Ah, The Political Theory of Mass Extinction rides again. Eleanors38 Oct 2015 #16
Gee, SecMo, someone was complaining in ATA 'bout using RW sources in gun discussions. Eleanors38 Oct 2015 #17
I thought World Nut Daily was a no no here? GGJohn Oct 2015 #18
Nice rightwing nutbag source Duckhunter935 Oct 2015 #20
So the gun control movement is reduced to racism and eliminationism. Nuclear Unicorn Oct 2015 #25
There's no fool ... Straw Man Oct 2015 #31
hispanics on planet pew jimmy the one Nov 2015 #42
Yup, Planet Pew ... Straw Man Nov 2015 #46
more from planet pew jimmy the one Nov 2015 #47
Nice cherry-picking, Jimbo. Straw Man Nov 2015 #48
entrail auspices jimmy the one Nov 2015 #71
Polls don't tell us what people really think ... Straw Man Nov 2015 #73
Latest Discussions»Issue Forums»Gun Control & RKBA»Replacing white people to...»Reply #79