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Part Three - Bill of Rights
Politics with a Liberal Bias |
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posted by: heavyarms (reply) post date: 06.08.07 (7:11 am) Second Amendment: You say that the militia is like our National Guard, and this is not actually correct. The Constitution defined the state militias as every able-bodied white male, age 18-45. In 1862, males of "African descent" were included so that Union states would be able increase its manpower with black militia units. The Militia Act of 1903 formed the state militias into the National Guard and made it a part of the Department of Defense. In 1933, the National Guard was made a part of the US Army. Originally, the intent was for the Federal government to maintain a small regular army, with the state militias being called up in time of emergency to form a larger force. This was in keeping with the isolationist and decentralized government sentiments of the time. Today's National Guard is very different from the original state militias. State militias were intended to be made of "warrior/citizens," assuming that most males would answer the call of duty. Those warrior/citizens would need to provide their own (military grade) arms, because arming every 18-45 year old male would be an expensive proposition for what they hoped would be a small federal government (very different from the bloated parasite we have today.) However, NONE of this is the most important part of the Second Amendment. The most important part is "the right to keep and bear arms shall not be infringed." "A well-regulated militia, being necessary to the security of a free State," is simply the reason WHY that right shall not be infringed. Fifth Amendment: The US Constitution does not apply to non-citizens. Notice, also that the sixth amendment begins "In all CRIMINAL prosecutions." Gitmo detainees are not detained on criminal charges. Tenth Amendment: "This gives some power to the states and back to the people." This give ALL the power not specifically mentioned in the Constitution as the Federal Government's back to the states and the people. Remember, our Founding Fathers wanted a small Federal Government, they wanted most of the power to rest with the states and the people (separate entities, which is why, originally, Representatives were elected by the people, and the Senate was to represent the States.) A central government, they feared, would become too powerful, oppressive, and difficult to overthrow should it become destructive to its citizens. We've come quite a way, no? |
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