Archive for March 11th, 2014

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If you want it done right, do it yourself

March 11, 2014

Glenn Reynolds (Mr. Instapundit) writes an interesting editorial column at USA Today. Here’s the opening:

No militia means more intrusive law enforcement

The Second Amendment to the United States Constitution reads, “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.”

For a while, some argued that the so-called “prefatory clause” — “A well regulated Militia, being necessary to the security of a free State” — somehow limited the “right of the people” to something having to do with a militia. In its recent opinions of District of Columbia v. Heller and McDonald v. Chicago, the Supreme Court has made clear that the Second Amendment does recognize a right of individuals to own guns, and that that right is in no way dependent upon membership in a militia. That seems to me to be entirely correct.

But there is still that language. If a well-regulated militia is necessary to the security of a free state, then where is ours? Because if a well-regulated militia is necessary to the security of a free state, it follows that a state lacking such a militia is either insecure, or unfree, or possibly both.

In the time of the Framers, the militia was an armed body consisting of essentially the entire military-age male citizenry. Professional police not having been invented, the militia was the primary tool for enforcing the law in circumstances that went beyond the reach of the town constable, and it was also the primary source of defense against invasions and insurrection.

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