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discntnt_irny_srcsm

(18,605 posts)
17. re: "...which eliminates the need for any unregulated militias."
Thu Dec 9, 2021, 10:58 AM
Dec 2021

The idea that a need leads to a right is not a principle that guided the Founders. Most basically the RKBA is accepted as an individual right by many leaders in this country including those Democrats identified elsewhere in this thread.

I point where this sub-thread started was questioning whether the right was or wasn't attached to militia membership. It's been pointed out that, in the letter of the law, militia membership has included men 17 to 45. In the hundred plus years were women have been able to vote, own property and fill any role in any service branch, I suggest that women are included now as well. As hack89 has pointed out there are no precedents for people having arms confiscated because they're aged out or due to being a woman.

In judicial operation in the US firearm ownership has been treated as an individual right.

Basic rights are not arrived at by convention or agreement of a majority. Neither can they be removed other than by due judicial process.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Gunzz are an essential part of freedumb. guillaumeb Dec 2021 #1
Saw it, rec'd it and may I say an excellent post! nt AndyS Dec 2021 #2
Yours is not a mainstream view even within the Democratic party hack89 Dec 2021 #3
The SCOTUS defined what Antonin Scalia pretended to find in the 2nd Amendment. guillaumeb Dec 2021 #4
A view also held by many progressive Democratic leaders hack89 Dec 2021 #5
Au contraire sir. discntnt_irny_srcsm Dec 2021 #6
Except the unorganize militia is for men between 17 and 45 hack89 Dec 2021 #7
As I mentioned in the 3 points I listed per my in practice reference... discntnt_irny_srcsm Dec 2021 #8
I further consider that without an individual RKBA having a militia would be near impossible. discntnt_irny_srcsm Dec 2021 #9
Then what was the point of specifically referring to a "well-regulated militia", guillaumeb Dec 2021 #10
Since you ask... discntnt_irny_srcsm Dec 2021 #12
But the US does have a well-regulated military, guillaumeb Dec 2021 #16
re: "...which eliminates the need for any unregulated militias." discntnt_irny_srcsm Dec 2021 #17
Scalia "found" a right that had been hidden. guillaumeb Dec 2021 #23
Just a few points here discntnt_irny_srcsm Dec 2021 #27
As to Justice Stevens: guillaumeb Dec 2021 #28
I will reread the dissent and get back to you. n/t discntnt_irny_srcsm Dec 2021 #29
Perhaps this from the dissent will explain my take. discntnt_irny_srcsm Dec 2021 #30
However: guillaumeb Dec 2021 #31
Would that be... discntnt_irny_srcsm Dec 2021 #32
Archaic grammar would be my guess hack89 Dec 2021 #14
Declaratory clause . . . Surf Fishing Guru Dec 2021 #33
And are the members of this unorganized militia ever ordered to join the organized militia? guillaumeb Dec 2021 #11
I think your effort to blame Scalia is a distraction. discntnt_irny_srcsm Dec 2021 #13
In the past but not in the last 100 years hack89 Dec 2021 #15
still trying to make "gunz" a thing, huh? krispos42 Dec 2021 #18
Said the frog in a pot of water . . . AndyS Dec 2021 #20
Only a minority of US residents own guns. guillaumeb Dec 2021 #24
Gun owners outnumber the following minority groups: krispos42 Dec 2021 #26
Perhaps you could explain... discntnt_irny_srcsm Dec 2021 #19
Just read the topics covered in the OP. nt AndyS Dec 2021 #21
R.E. Militia. AndyS Dec 2021 #22
Agreed. Very well argued. eom guillaumeb Dec 2021 #25
Scalia overturned? Surf Fishing Guru Dec 2021 #34
No response ... not surprised. PTWB Dec 2021 #35
Well . . . Surf Fishing Guru Dec 2021 #37
Yes, read the Federalist papers . . . Surf Fishing Guru Dec 2021 #36
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