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Indeed the anti-federalist and federalist papers certainly gives insight to the challenges and ideas they faced during THEIR time... but it still gives absolutely zero insight to how they would deal with 21st century issues. IT IS ALL SUBJECTIVE how you think they would respond.
No it isn't.
These great men were brilliant.
They learned the nature of government from those who came before them.
They did not pull these truths from under a rock and yes, they would design the constitution today exactly as they did in 1787 (first they would organize another revolution) ....with the exception of term limits on congress and the potus.
Otherwise, we would have been steamrolled years ago.
You're preaching to the choir my friend. I pointed that out here on this thread, and many others in regards to this topic. Without it, whether the statists like it or not, the rest of the Bill of Rights including the Right To Free Speech becomes irrelevant. Now mind you, I don't advocate violence, and cooler heads should prevail, but should the government try to overreach and do away with the 2nd Amendment and confiscate guns from owners on a massive scale, I will be on the side with the people. I would hope that we as Americans would be smart enough NOT to allow it to come to something like that.
You're preaching to the choir my friend. I pointed that out here on this thread, and many others in regards to this topic. Without it, whether the statists like it or not, the rest of the Bill of Rights including the Right To Free Speech becomes irrelevant. Now mind you, I don't advocate violence, and cooler heads should prevail, but should the government try to overreach and do away with the 2nd Amendment and confiscate guns from owners on a massive scale, I will be on the side with the people. I would hope that we as Americans would be smart enough NOT to allow it to come to something like that.
So you think we still live in the 18th century too?
I love this country and the ability to exercise my 1st amendment right.....
So you think the 2nd amendment is more important than the 1st as well..... I guess it's less fun to hear ideas that are different than yours when you can just shoot them eh?
Doesn't matter what century it is. It the COTUS!!
The 2nd Amendment protects every other now, doesn't it.
The Constitution does not say that anyone can establish a militia. States can. States do.
The constitution equally does not say that anyone can own a car, or a home, or speak freely, or own a gun.
The constitution specifically restrains the government from enacting laws to prevent the people from doing these things (either enumerated as in speech and gun ownership, or unenumerated as in owning a car or home). I am not bound by the US Constitution because I am not an agent of the government, and even if I were it would only apply while I was executing the duties of my agency.
I can establish a militia, there is no restriction within the constitution that prevents me doing this. The fundamental basis of US law is proscriptive not prescriptive, i.e. the law forbids, it does not permit. If you can point out (and demonstrate) anywhere that the constitution states that a person cannot form their own militia I'll send you a cookie (you'll need to send me your mailing address in DM of course).
The constitution equally does not say that anyone can own a car, or a home, or speak freely, or own a gun.
The constitution specifically restrains the government from enacting laws to prevent the people from doing these things (either enumerated as in speech and gun ownership, or unenumerated as in owning a car or home). I am not bound by the US Constitution because I am not an agent of the government, and even if I were it would only apply while I was executing the duties of my agency.
I can establish a militia, there is no restriction within the constitution that prevents me doing this. The fundamental basis of US law is proscriptive not prescriptive, i.e. the law forbids, it does not permit. If you can point out (and demonstrate) anywhere that the constitution states that a person cannot form their own militia I'll send you a cookie (you'll need to send me your mailing address in DM of course).
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 infringed.
That is the version that was ratified by the states.
You are correct, no where does it list that a private person can not start a militia. This gets to the heart of the matter. The Founding Fathers saw a army of the people protecting their own country, and no need for a large, centralized standing army.
This is also seen in quotes and statements from James Madison, aka, the father of our constitution and form of government
"In time of actual war, great discretionary powers are constantly given to the Executive Magistrate. Constant apprehension of War, has the same tendency to render the head too large for the body. A standing military force, with an overgrown Executive will not long be safe companions to liberty. The means of defence against foreign danger have been always the instruments of tyranny at home. Among the Romans it was a standing maxim to excite a war, whenever a revolt was apprehended. Throughout all Europe, the armies kept up under the pretext of defending, have enslaved the people."
The founding fathers envisioned a military made up of ordinary citizens, unless congress declared war. Congress being the direct representation of the people.
But all of these statements were made well before the invention of rapid fire weapons, rifled artillery, and aircraft. Thats why the war powers act was passed so that the President could make war faster, and without direct approval of congress for 30 days. Congress, being a body that can take some time, would have 30 days to see the clear and present danger to the country, and therefore pass a declaration of war.
Its why its so screwed up that we have not declared war since Korea, and most Americans think that Vietnam was a war, that we had two wars in the Gulf, that we had a war in Kosovo, etc. None of those were wars, but they were funded by congress, without a declaration.
The founders would be rolling in their graves. I don't think that we should have ordinary citizens with bazookas and F-16 fighters and laser guided munitions. We do need a standing military to meet the needs of the day. But we should really pull WAY back on the expansion of the military, and make congress declare war when needed. After 2 years, if the people disagree, congress will pay for their vote.
I appreciate the President going to congress to seek authorized force in Syria, but its still not a declaration of war. It is a step back though. Of course he should have done that first before rattling the saber.
The Constitution does not say that anyone can establish a militia. States can. States do.
And yes, the federal government can call state militias up to protect national interests. That's the law.
I don't have to ask the government for permission to do something. In a truly free country (which we were not that long ago), I could do whatever, whenever and do that where ever I wanted as long as I did not encroach on someone else's right of life, liberty or property. The reverse applies as well. If my rights are encroached upon or violated, I should have appropriate recourse. Meaning if my neighbor starts a pig farm here in the suburbs, then I can sue him not shoot him.
My mistake, you are right. We did have a civil war over states rights that resulted in the most american deaths in an armed conflict.
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