Re: MD The right to bear arms

From: Jonathan B. Marder (jonathan.marder@newmail.net)
Date: Thu Jun 14 2001 - 11:53:24 BST


Hi Dan and all,

DAN
> Some definitions of militia--1. An army composed of ordinary citizens rather
> than professional soldiers. 2. A military force that is not part of a
> regular army and is subject to call for service in an emergency.
> 3. The whole body of physically fit civilians eligible by law for military
> service.
>
> I am unsure if an armed police force is what the founding fathers had in
> mind by "a well regulated Militia." A militia is not a police force or
> regular army. They are volunteers, not professionals . . .

I tend to disagree. I doubt whether the word "police" was in widespread use in
1791, and it didn't have the modern meaning . . . .

. . . .as I said before

> >because in 1791, [Sir Robert] Peel was a toddler of 3 years old and hadn't
yet
> >invented the idea of a police force!!!!
>

I suggest that "police force" is an appropriate modern translation of the term
"well regulated Militia" that appears in the Second Amendment.

DAN
> Section 8 of the US Constitution (http://www.usconstitution.com/read.htm)
> provides for a police force as well as a militia. Amendment II as part of
> the Bill of Rights seems geared more towards the individual, in my opinion
> (and in the opinion of at least one judge in Florida too. :))
>
Thanks again for the reference. I looked at it, and see that Section 8 is
about CONGRESSIONAL rights.
The clause gives Congress the right to raise taxes and use them for a whole
number of purposes; the militia is just one. Someone will have to correct me
if I am wrong, but I assume while the FBI and Federal Police come under
Congressional authority, State Police and County Police do not, so they fall
outside the scope of Section 8. It seems that they are authorised under
Amendment II which is more general.

(Ouch, I'm starting to sound like a lawyer!)

Jonathan

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