Why We Can’t Ignore The “Militia” Clause Of The Second Amendment

BY Herschel Smith
6 years, 3 months ago

Mises Institute has an analysis up on why we can’t ignore the militia clause of the second amendment.  It’s interesting reading, and I recommend you turn your attention to it for a few minutes.  But I want to issue some warnings nonetheless.

As I’ve pointed out many times before, the context and theoretical framework for understanding the American revolution was and always will be continental Calvinism and covenant theology.  God manages His created order in terms of covenant.

We are all in covenants in every aspect of our lives, all of the time, from marriage, to church, to state and then economics.  If you choose to be unfaithful to your wife and violate the marriage vows, there are consequences and curses for that.   These consequences happen in time and space and also in eternity.

In time and space, your wife will divorce you.  If she doesn’t, the consequences befall her, in time and space.  She has decided to live with an unfaithful man, refusing to avail herself of the remedy God has given her.  In eternity, the unfaithful man will answer for what he did, and so will the woman if she refuses to avail herself of the remedy.

In economics, if you steal you will go to prison.  If a country refuses to avail itself of the remedy for theft, believing that it can rehabilitate criminals to make them better when God has said that is His responsibility, not yours, the country will suffer, as there are consequences in time and space.  Ultimately, the men who made the decisions on national policy will answer to a sovereign God for their recalcitrance.

So too with tyranny.  Tyrants will answer to their people for their tyranny, and if they don’t, the people will suffer in time and space for their recalcitrance, and both will answer to God in eternity.  God will not be mocked.

Turning to the foundations for the revolution, recall that I explained the Christian roots of covenant and its role in the theoretical framework for the war.

In terms of population alone, a high percentage of the pre-revolutionary colonies were of Puritan-Calvinist background.  There were about three million persons in the thirteen original colonies in 1776, and perhaps as many as two-thirds of these came from some kind of Calvinist or Puritan connection.

[ … ]

… by 1776, nine of the thirteen original colonies had an “established church” (generally congregational in New England, Anglican in New York, Virginia and South Carolina, “Protestant” in North Carolina, with religious freedom in Rhode Island, Maryland, Pennsylvania, New Jersey, Delaware and Georgia) … While this did not necessarily mean that a majority of the inhabitants of these colonies were necessarily committed Christian believers, it does indicate the lingering influence of the Calvinist concept of a Christian-based civil polity as an example to a world in need of reform.

[ … ]

Their experience in Presbyterian polity – with its doctrine of the headship of Christ over the church, the two-powers doctrine giving the church and state equal standing (so that the church’s power is not seen as flowing from the state), and the consequent right of the people to civil resistance in accordance with higher divine law – was a major ingredient in the development of the American approach to church-state relations and the underlying questions of law, authority, order and rights.

[ … ]

It was largely from the congregation polity of these New England puritans that there came the American concept and practice of government by covenant – that is to say: constitutional structure, limited by divine law and based on the consent of the people, with a lasting right in the people to resist tyranny.

I say all of this to set the stage for a reiteration of my observation on the second amendment and the militia.

… all the founders needed in order to object to federal control over such God-given rights is to find a single example of such an infringement that would be found unacceptable.  The militia served as this example.  That doesn’t mean that it is, would have been, or must have been, the only example or reason for the amendment.  The amendment clearly states what the FedGov shall not do, not what it can or may do or the sole reasons for its existence.

So a man has a right to the ownership of weapons if he is a paraplegic and unable to serve in the militia.  A people have the right to overthrow their government whether there is such a thing as a militia or not.  I can tell the militia (whatever that is in this context or any future context) to go pound sand and that I refuse to join, and it has nothing whatsoever to do with either [a] my God-given rights to keep and bear arms for self defense or the amelioration of tyranny, or [b] the fact that that right is recognized in the constitution, which is a covenant under which we have agreed to live.

My rights (and duties) flow from the Almighty, the very fountain of liberty.  The constitution is a mere covenant.

This understanding in the antecedent to the constitution and the second amendment, not vice versa.  Never forget that.  The militia doesn’t justify the second amendment – among other things, the second amendment justifies the militia, both organized and unorganized.

And neither has anything whatsoever to do with the justification of the right of resistance to tyranny.  That flows from the Almighty.


Comments

  1. On August 23, 2018 at 1:43 am, Pat Hines said:

    The so-called militia clause has no legal meaning of any kind. “A well read electorate, being necessary for a free state, the right of the people to keep and read books shall not be infringed”. The right is not reserved for the electorate.

    “The Unabridged Second Amendment” by J. Neil Schulman.
    https://firearmsandliberty.com/unabridged.2nd.html

  2. On August 23, 2018 at 9:10 am, The Big Club said:

    Keep an eye on Connecticut and realize that the gun/mag ban is failing spectacularly.
    It seems that the agreed upon count of high cap mags is some place in the neighborhood of 2.4 million with only 38,000 turned in before the Jan 1 deadline making it now a felony to be in possession of a high cap mag and a non registered “assault weapon”.
    50,000 semiautomatic rifles were also registered, further proof that Connecticut’s gun owners are revolting through civil disobedience.
    New York Police Department began confiscating guns which were previously registered but are now banned under New York’s newest gun control law proving once again that registration leads to confiscation.
    And now it comes down to how much money and where to find enough suicidal agents to start the “round up” all the while one must remember that the continuity of government, be it state, fed or local is priority number 1 of said governments.
    After Sandy Hook the Marxists thought the people were ready to roll over and accept tyranny..
    Didn’t happen..
    Your move governor..
    My word of advice, poke the sleeping giant at your own risk and there will be no sympathy for you or your agents if/when the people decide the line in the sand has been crossed.

  3. On August 23, 2018 at 12:49 pm, JJ said:

    The color of the uniforms worn by the agents of tyrannical government doesn’t matter- whether red coats or blue/black/camo tactical wear.

    Unfortunately for them, they’ll believe their early successes at raids and confiscating formerly legal weapons will continue as the inevitable news of the events gets disseminated far and wide.

  4. On August 23, 2018 at 2:31 pm, Gryphon said:

    I’m beginning to think that the whole issue of Militia/Individual Right to Bear Arms is another political ‘divide and conquer’ effort by the bolsheviks to Discredit the Constitution (that they Despise anyway). The Captain is Correct in pointing out that Our God-Given Rights to Defend Ourselves are both Individual and Collective, and at the Time the 2A was written, the “Militia” was the Preferred Method of Community Defense. It is Predicated on (indeed it Requires) that the Individual be Armed in order to Defend Himself and His Community.

    And as Big Club points out, the gathering Refusal to Register/Surrender Arms to the State is pointing towards an Impending Conflict that will be quite Unbelievable once it Starts… the .gov thugs can (initially, at least) Confiscate Arms from One Individual at a Time, but it’s only a matter of Time before someone Shoots Back, or a “Lone Wolf” starts Targeting .gov Leaders.

    Everyone should have some sort of Plan to Act once the “Troubles” get started, a it will be Individual Actions that will be the only initial way to Respond to the Tyrants.

  5. On August 26, 2018 at 9:43 am, Ron W said:

    The militia clause is a subordinate explanatory one, in the sentence of the 2nd Amendment. As the Bill of Rights was added in 1791, it references “militia” in the enumerated delegated powers of Article I, Section 8.16:

    To provide for organizing, arming, and disciplining, the Militia, and for governing SUCH PART OF THEM AS MAY BE EMPLOYED in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; [caps mine for emphasis]

    Notice that the Federal Government is RESTRICTED to governing only “such Part of them”, the militia, or armed citizens which it EMPLOYS. Therefore the main or independence clause says, “the right of the People to keep and bear arms shall not be infringed.” In that sentence, “the People” must refer to “militia” in the beginning clause. That reiterates that the Federal Government has NO power over them EXCEPT “such part” that it EMPLOYS. Therefore, ALL Federal laws pertaining to “the People”, the armed citizenry, are unconstitutional and illegal!

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "Why We Can’t Ignore The “Militia” Clause Of The Second Amendment", entry #19885 on The Captain's Journal.

This article is filed under the category(s) Second Amendment and was published August 22nd, 2018 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (285)
Animals (297)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (379)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (87)
Assassinations (2)
Assault Weapon Ban (29)
Australian Army (7)
Azerbaijan (4)
Backpacking (3)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (229)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (5)
Canada (17)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (16)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (210)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (190)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,800)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,674)
Guns (2,340)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (5)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (41)
ICOS (1)
IEDs (7)
Immigration (114)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (280)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (41)
Mexico (61)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (97)
NATO (15)
Navy (30)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (63)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (73)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (656)
Police in COIN (3)
Policy (15)
Politics (981)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (495)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (687)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (62)
Survival (201)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (15)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (25)
TSA Ineptitude (14)
TTPs (4)
U.S. Border Patrol (6)
U.S. Border Security (19)
U.S. Sovereignty (24)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (99)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (419)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2024 Captain's Journal. All rights reserved.