So....do we still need a MILITIA?

MILITIAS...according to that pesky document the Bill of Rights, "We the people..." may maintain a MILITIA (Second Amendment).

But...what does that mean in present day contexts?

FIRST - what is a MILITIA? (Here's one definition that may help)

The discussion of maintaining MILITIAs usually revolves around citizen gun ownership, in general.

May we still carry around weapons haphazardly without any protection from gun-toating criminals who may be using the Second Amendment right to harm society? Or should we all just be able to have weapons without ANY government involvement?

In 1939, the question was taken to the Supreme Court. Jack Miller and Frank Layton were arrested in 1938 for carrying an unregistered sawed-off shotgun across state lines. In 1934, Congress, in an effort to crack down on the machine guns and sawed-off shotguns commonly used by notorious gangsters like Al Capone, had passed the National Firearms Act, which imposed a prohibitively high tax on weapons' sale. Miller and Layton were arrested for carrying a gun that did not bear a stamp certifying that the tax had been paid. The case made its way to the Supreme Court when a lower court accepted the defendants' argument that the National Firearms Act violated their Second Amendment right to keep and bear arms. Here's the case, if you want to read it.

There are laws which channel and restrict gun ownership now to help protect citizens from dangerous, violent criminals. See http://www.gpoaccess.gov/constitution/html/amdt2.html.

Do you want to have anyone wielding guns in department stores, restaurants or the post office without ANY supervision? Or do we need any supervision?

Oh, by the way - it may help you to know that according to current military law, according to the United States Law Code (the "rules of common law" that the Seventh Amendment speaks about), militias, now, are considered members of the NATIONAL GUARD. See Cornwell's University of Law website entry.

So what do we do with MILITIAS today?

Here's an article where the author thinks the Second Amendment is obsolete and needs to be thrown out entirely - http://sundial.csun.edu/2010/12/do-we-still-need-the-second-amendment/

Should we rewrite the Second Amendment? 

Is the portion of the Second Amendment (maintain a militia) obsolete and out of touch with modern-day military service and National Guards?

Should we just rewrite that portion dealing with the obsolete militia system? 

Or toss it out entirely?

Is it "time for the second amendment to go?" 

What do you think?

Send me an email after you have read this entry - tell me what you think - yes, for extra credit.