Is the Right to Keep and Bear Arms Dependent On Militia Membership? Part 1

The entertaining Greta

My opposition to Red-Flag laws has been steadfast countenancing no exceptions. Until now. Liberal Time Magazine’s Girl, er um “Person”1 of the Year’s trembling quivering rage-filled Greta Thunberg, who should be starring in H. P. Lovecraft inspired movies, could be that one exception. Ghostwriters and Handlers, please, do not allow Greta near sharp objects or anything that goes bang. Perhaps parents should be scheduling counseling sessions rather than enabling Greta’s delusions of imminent human extinction. Scandinavia once gave the world Vikings. What happened?2

From the Great Depression, mass starvation, to man-created global warming, the Left needs crises with which to menace people. Only through scare tactics terrifying the masses can they evoke reaction based on emotion rather than reason. People who have lost their minds seldom make good decisions. Since the Second World War, the Left, either through ideological compatibility or supreme naïveté, has promoted notions the way to deal with adversarial nations (Communist dictatorships) and people is through non-violent appeasement. Leftists are moral relativists rejecting concepts of good and evil. Therefore global and personal conflicts result from misunderstandings not malevolent intentions. Because people have “issues”, not problems, conflicts can be resolved without anyone having to accept blame or facing consequences. All Stalin needed was a couch, a good listener, and a hug. Today, if the puny underweight wretched victim of bullying stands up to his tormentors, school administrators suspend him along with the thugs. Through its evangelists teaching in public schools, the Left has indoctrinated Americans to reject notions of self-reliance and taking responsibility for their own safety. Lockdowns, shelter-in-place, hide under your desk or in your home…Hence, they grow up to despise the Second Amendment. They are aghast at the idea citizens can own guns and decide when and where to use them in self-defense. Appearing on Fox’s Martha MacCallum Show in response to the Fort Worth Texas church shooting, Democrat strategist Doug Schoen argued people are not competent to carry guns for personal defense. This he added, should be left to the police who, coincidentally, were not there.3 The Left hates the Second Amendment for two reasons; first, it exposes their unwillingness to stand up to bullies and criminals whether on American streets or as heads of State. Think, Justin Trudeau. Second, it is an obstacle to the Great Project.

Whether taking the name Liberal, Socialist, Progressive, Central Planner, Democratic-Socialist, and so forth, Statists are determined to dismantle the Second Amendment either through abolition or redefining it out of existence. Until accomplished, it remains the single greatest impediment to The Project begun by 19th century American Progressives and European Socialists. Its central imperative is to bend the will of the individual completely to the volition of the State to plan, control, and regulate every aspect of human existence. And, the Left is the State. Because altering the Constitution has proven un-doable, the Left has chosen to redefine the Second Amendment as they did the Commerce, General Welfare, Necessary and Proper, and Supremacy clauses until they mean the opposite of their intent. For example they claim owning firearms is dependent upon membership in a federal (Army, Air Force, Navy, Marines) or State (“National” sic Guard) standing army. This claim could not be more wrong.4

Proponents and enemies of the Bill of Rights have debated the Founders’ meaning of “militia” ad nauseam. Rehashing it here would seem superfluous. That is, if its enemies were not using mass media, popular culture, and public dis-education to peddle lies conjoined with an American public too intellectually lazy to read and think for itself. As a recovering public school teacher, I can attest to the pervasiveness of this mental lassitude.

Mises Institute’s Ryan McMaken writes that the Founders’ idea of a militia was not one comprised of “unorganized amateurs”, called up by local authorities, to address insurrection or invasion. Instead, it was to consist of men between a certain age range, proficient in arms, possessing some degree of training in military discipline and tactics, a system of choosing officers, subject to call up by State or local authorities, and under civilian control.5 McMaken’s conclusion is problematic. In the 1740s, the French, perennially at war with England, established a large fort at Louisbourg near Cape Breton, Nova Scotia. From there the French threatened New England with invasion and provided safe haven for pirates and “cruisers” who raided its fishing villages and naval commerce. Finding the British unwilling to act, in 1744 New England raised an army of unorganized amateurs including commoners, farmers, merchants, fishermen, and so forth. With little or no experience, these New England boys executed a successful amphibious landing under difficult conditions, besieged the fort for three months, and forced the French to surrender.6 During the French and Indian War, the British could not have defeated the French without the assistance of colonial militia troops, amateur soldiers who fought as local units under American command.7

On 1 October 1768, in a lead up to what became the War of Independence, Britain dispatched 700 troops led by General Thomas Gage from Halifax, Nova Scotia to Boston. His orders were to suppress resistance to British commerce, trading, and tax laws.8 A month later (8 November 1768), King George III declared Bostonians to be in rebellion against English law and government. British political and military leaders drew up plans to subdue the insurrection.9 They employed their standard method of subjugation; round up, jail, and execute the rebellion’s leaders and door-to-door searches for arms and munitions in private hands. Colonials often stored gunpowder in storehouses outside of town due to its volatility. In order to prevent the Red Coats from seizing it, locals formed militias to guard them. In Virginia, Patrick Henry led the Hanover Independent Militia Company comprised of armed locals independent of the Governor’s control. They comprised the nucleus of resistance against British forces. Other colonies replicated this strategy.10

In 1774, British soldiers marched from Boston into the countryside to seize colonial supplies of gunpowder and weapons in Charlestown, Cambridge, Medford, and Salem. Forty thousand militiamen met the British, called “Bloody Lobsterbacks”, by locals, at Charlestown. These amateurs drove them back to Boston without firing a shot.11 British confiscation of private arms led to the “shot heard round the world”, the British march on Concord and Lexington, Massachusetts, to seize arms.12 Among the militiamen awaiting the British attack were farmers, craftsmen, mechanics, gentlemen, laborers, slaves, dairy farmers, and veterans of the French Indian War. Americans gave as good as they got forcing the British back to Boston.13

McMaken contends, “Gun Rights advocates fixate” on the latter part of the Second Amendment, “The people having a right to keep and bear arms shall not be infringed” as the rationale for private ownership of arms separate from militia membership. He asserts the Second Amendment’s purpose was to guarantee that States “would be free to raise and train their own militias as a defense against federal power and as a means of keeping defensive military force available to Americans while remaining outside the direct control of the federal government”.14 He is correct state militias are supposed to be outside federal control but his assertion the militia is the primary focus of the Second Amendment is incorrect. The Second Amendment clearly contains two independent parts that framers could have fashioned into separate amendments. In fairness to McMaken, his purpose was to demonstrate State Militias are to be independent of federal control and that the so-called “National” (sic) Guard is a standing army and a gross violation of the Constitution.

Drafters wrote definitions of a militia into State Declarations of Rights and later into the federal and State Constitutions from 1791 on. They typically refer to “the mass of ordinary citizens, trained to arms” who would be available for call-up by State or local authorities, and to which was often appended an age range for those subject to service. Founding Fathers from Patrick Henry, George Mason, John Adams to Thomas Jefferson made clear the purpose of the Second Amendment was “that every man” be armed.15 Was this not so that the people would be equipped for militia service if needed? True but only in part. The Founders clearly saw that as an auxiliary advantage. However, the stress was that all men possess the right to keep and bear arms and government in no way have the power to infringe on this right or disarm the people. During debates over ratification of the proposed Constitution (1788) at the Virginia Convention, Patrick Henry declared, “The great object is that every man be armed…Everyone who is able may have a gun”. Zachariah Johnson added, “The new Constitution could never result in religious or other oppression because ‘the people are not to be disarmed of their weapons”. Not militias, people. At the Massachusetts’ ratifying convention, Samuel Adams stated, “That the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience, or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms”.16 Again, these rights, freedom of speech, religion, and arms belong to individuals, not states or any other form of organized political entity including militias.

Many States, including Arkansas, Colorado, Missouri, and others specifically state people have an individual right to keep and bear arms and it is not tied to membership in a militia, military, or any form of security force.17 The Founders knew Americans opposed standing peacetime armies (as we have today) and that States were reluctant to cede any of their sovereignty to this new untried federal system of government. They also knew government, like an irresistible force of nature, attracts to it men of ambition, those craving power, and men with no moral scruples. Therefore, they added the militia phrase. States would retain the means to resist federal usurpations of their power and infringement against the liberties of people. Under the proposed Constitution, the federal government, facing a national emergency such as invasion or insurrection, could request the states call up their militias. Governors would send them to federal authorities who in turn would arm, equip, and organize them into a standing army. The States would retain the right to choose officers commanding their militia units. Once the crisis was resolved, militiamen would return to their respective states and mustered out of service. Constitution or not, efforts to “federalize” (actually, “nationalize”) State militias placing them under presidential control began almost at once just as so-called Anti-Federalists had warned.18 The individual right to possess arms was always a separate issue.

English philosopher John Locke’s Treatises On Government were widely read (1689) in the colonies. He argued man had a “natural” (G-D given) right to life, liberty, and property. Inherent in each is the right to the means of defending it.19 Under the supervision of Benjamin Franklin, John Adams, Robert Livingston, and Roger Sherman, Thomas Jefferson wrote the Declaration of Independence.20 Drawing on many widely held philosophical and theological roots; Jefferson wrote that all rights are individual and a gift from G-D. Among them are the right to life, liberty, and the pursuit of happiness (property, wages, and the fruits of one’s labor). Rights imputed by Divinity are inherent in the nature of each individual’s humanity. People are born already possessing these rights. A right to life presupposes a right to the means of defending it.21

The Second Amendment employs the words “right” and “shall not be infringed demonstrating it refers to “a right that is already assumed to exist” (which comports with the Declaration). It does not say, “The people shall have a right to keep and bear arms.” The amendment recognizes but does not grant the right” [emphasis in the original].22 Requirements to join the military, a militia, or engage in a government specified activity in order exercise a right would negate that right. Any regulation, red tape, or hoops one must jump through before accessing a right is a gross infringement and, again, negates it as a right. Governments can in no way qualify a right. No vote by a majority of one’s neighbors to limit a right in any way is legitimate. In addition, people cannot through constitutions or laws, “agree to an infringement on their rights”.23 This is because of the inherency of rights. Only Divinity can alter or abolish rights divinely created. So why does the Second Amendment continue to confound people?

George Mason’s proposed draft of the amendment read, “That the people have a right to keep and bear arms; that a well regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defense of a free state”.24 Madison’s version read, “The right of the people to keep and bear arms shall not be infringed; a well armed and well-regulated militia being the best security to a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person”.25 Madison, like Mason and other Founders, wanted it understood that the right to keep and bear arms is an individual right separate from membership in any form of militia. For example, those objecting to military service on religious grounds, still possessed the right to keep and bear arms. This would not be true had the right been dependent on being in a militia. Madison’s intent “is clear not only from his wording, but also from his notes for his speech proposing the amendment”. He states it pertains to an individual right which his “colleagues clearly understood the proposal to be protective of individual rights”. Massachusetts delegate Fisher Ames wrote that among other rights, that of bearing arms “to be inherent in the people”. Writing under the name “A Pennsylvanian” in the Philadelphia Federal Gazette, Madison’s friend Tench Coxe argued that the delegates wrote the Second Amendment to “guarantee the right of the people to have ‘their private arms’ to prevent tyranny and to overpower an abusive standing army or select militia”. Madison read Coxe’s articles and agreed, the amendment pertained to an individual right.26

So much, did the Founders write about the Second Amendment; its meaning is beyond question. These documents and writings are available to anyone. On what basis can opponents of an individual right interpretation justify their position? Simple. The truth is unimportant. Only the Great Project matters. All narratives, including history, must be made to fit and support it. Like a starfish turning a clamshell over searching for a vulnerability by which to penetrate its defenses, so too do enemies of the Bill of Rights search for weaknesses. They find it in contemporary American’s unfamiliarity with grammatical construction.

It is important to keep in mind, of the Bill of Rights none refers to “States having rights”. Each refers to a right of the people. These are individual rights. To argue the Second Amendment applies only to members of a military organization turns it into a State not individual right. We have clearly seen that was not the Founder’s intention. If the Founders had intended military or militia membership dependency in order to own or possess arms, “Why would they say, ‘the right of the people to keep and bear arms shall not be infringed”? Madison and those who shaped the amendment’s wording “chose to put the militia reference into a dependent phrase” choosing “the weakest possible construction by using the participle (word formed from a verb) ‘being’ instead of writing say, ‘Since a well regulated militia is necessary…” The militia wording’s weak form demonstrates its framers listed it as a right of states. “The main independent clause” of the amendment reads, “The people’s right to have guns ‘shall not be infringed”.27

An independent clause is a stand-alone sentence dependent on nothing. The militia part of the Second Amendment forms a dependent phrase. It cannot stand alone by itself containing a subject, verb, and complete thought. Therefore, it is secondary in importance to the main independent clause. The words; “A well-regulated militia being necessary to the security of a free state” would mean what by itself? The words; “The right of the people to keep and bear arms shall not be infringed” would mean what without the first part of the amendment? People have a right to keep and bear arms. By reversing this order, the amendment’s drafters made emphatic that the independent clause was its most important part. “The Founders correctly intuited that in a bill of rights (list), the last thing the reader should have ringing in his mind’s ear is the absolute prohibition on infringement of the natural right to own guns”.28

If the Bill of Right’s enemies read America’s founding documents and writings, they know the truth. None of that matters. What does matter to them is total disarmament of American citizens. The Great Project cannot culminate until that happens. Toward that goal, the end always justifies the means.

11 Unlike men and women since the dawn of time, those on the Left are stymied when it comes to determining their sex, of which, there are but the two aforementioned options.

22 As with the Marjory Stoned Man Douglass high school “useful idiots,” Emma Gonzalez, Cameron Kasky, David Hogg, et al, the Left cowardly uses kids as stooge props, their youth supposedly giving them and their terribly immature and uninformed rantings an unassailable immunity against critique. Isn’t this what Muslim terrorists do, hide behind children?

33 Martha MacCallum Show, FOX News, 31 December 2019.

44 Sheldon Richman, “Reading the Second Amendment”, The Freeman 2 (February 1998), 112.

55 Ryan McMaken, Mises Institute, 22 August 2018, “Why We Can’t Ignore The ‘Militia’ Clause Of The Second Amendment”, Mises Institute, at https://mises.org/wire/why-we-cant-ignore-militia-clause-second-amendment/

66 Marvin Olasky, Fighting For Liberty And Virtue: Political and Cultural Wars in Eighteenth Century America (Wheaton, Illinois, Crossway Books, A Division of Good News Publishers, 1995), 93.

77 IBID. 97-98, 102-105, 107, 109.

88 Stephen Halbrook, The Founder’s Second Amendment (Chicago, Illinois, Ivan R. Dee Publisher, 2008), 13.

99 IBID. 17-19.

1010 Halbrook, 104-105.

1111 Willard Sterne Randall, Ethan Allen: His Life And Times (New York, N.Y., W. W. Norton & Company, 2011), 8.

1212 Robert Middlekauff, The Glorious Cause, The American Revolution 1763-1789 (New York, N.Y. Oxford University Press, 2005), 272-274.

1313 Randall, 8, Halbrook, 76-79.

1414 McMaken.

1515 IBID.

1616 Stephen Halbrook, That Every Man Be Armed: The Evolution of a Constitutional Right (Albuquerque, New Mexico, University of New Mexico Press, 1984), 73-75.

1717 McMaken.

1818 Edwin Meese III, Matthew Spalding, and David Forte, The Heritage Guide to the Constitution, (Washington, D.C., Regnery Publishing, Inc., 2005), 139-143.

1919 Gary A. Shade, “The Right to keep and Bear Arms: The Legacy of Republicanism vs Absolutism,” at http://www.firearmsandliberty.com/papers-shade/TheRightToKeepandBearArms.PDF.

2020 Clarence B. Carson, A Basic History of the United States, Volume I: The Colonial Experience 1607-1774 (Wadley, Alabama, American Textbook Committee, 1987), 182-183.

2121 Forrest McDonald, Novus Ordo Seclorum: The Intellectual Origins of the Constitution (Lawrence, Kansas, University Press of Kansas, 1985), ix, 60-63. See also, Gary T. Amos, Defending the Declaration (Brentwood, Tennessee, Wolgemuth & Hyatt, Publishers, Inc., 1989), 35-74, 117-118.

2222 Sheldon Richman, “Properly Interpreting the 2nd Amendment” Human Events (June 16, 1995), 16.

2323 IBID.

2424 Halbrook, Founder’s Second Amendment, 22.

2525 Shade.

2626 Halbrook, That Every Man Be Armed, 76-77.

2727 Richman, Reading the Second Amendment, 112-113.

2828 IBID.

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2 thoughts on “Is the Right to Keep and Bear Arms Dependent On Militia Membership? Part 1”

  1. Believe it or not, in the bluest of blue states, Kommiecticut’s State Constitution actually reads:

    Article The First

    SEC. 15. Every citizen has a right to bear arms in defense of himself and the state.

    NOTHING about the militia. That fact, however, has not prevented the tyrants from passing their unconstitutional/intolerable acts. Which we Patriots promptly ignored and have faithfully since April 6, 2013. Although some of us have ignored them since 1994.

    1. That’s fairly standard for states that have a RKBA clause. In a couple of cases, I know from history that was intentional, to ensure bearing arms wasn’t restricted just to some authorized militia. I expect that’s the same for the states where I don’t know the specific history.

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