Militias misinterpret Constitution
Article Abstract:
The National Rifle Assn's (NRA) interpretation of the right to bear arms as allowing citizen militias to carry sophisticated weaponry with the express purpose of overturning the federal government is misguided. Under this interpretation, the Second Amendment prohibits any form of gun control and advocates anti-government actions such as the Oklahoma City bombing. In actuality, the Amendment allows states to maintain militias to prevent federal government military monopoly and only non-violent dissent is protected.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Well-regulated militia: who calls the shots?
Article Abstract:
Recent comments in the media err in alleging that the Second Amendment's reference to a 'well-regulated militia' means government-regulated. Common law, English usage at the time the Constitution was written, and the Framers' own statements elsewhere show the militias were meant to be citizen-run, and to be the last line of defense against the standing army as well as against invasion or crime. The Amendment guaranteed citizens the right to acquire arms and training equivalent to that of the government's forces.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Militia claims baseless
Article Abstract:
The US states should pass and enforce laws banning private militias, and the federal government should enact backup legislation, to protect us all from unaccountable private armies. The Second Amendment protects state militias acting in the name of, and accountable to, the entire people. Private armies may act in the public good, but there is no way other than violence to enforce this. Democracy means that differences are settled and problems resolved by public debate and discussion, not armed force.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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