Hamilton Mobley

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A Well Regulated Militia

The Death of General Joseph Warren by John Trumbull at the battle of Bunker Hill (Breed’s Hill) June 17, 1775

A well regulated militia consists of all 17-45 year old male citizens who are armed and trained to fight by the government for the security of a free State. Hence, the right to keep and bear arms shall not be infringed

The second amendment to the US 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.”

The Congress defines the militia as adult males between the ages of 17 and 45 in 10 USC, Ch. 12: THE MILITIA, §246. Militia: composition and classes.[1]

It reads,

“(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are—

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.”

Well regulated means organized, armed, and disciplined according to Article I, Section 8, Clause 16 of the US Constitution. It states that Congress shall have the power,

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.”

The USA were created as free States by the militia. The Declaration of Independence declares,[2]

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

The year before the 13 British colonies declared independence, the American Revolution became the American Revolutionary War. On April 19, 1775 the military was sent to Concord, MA to disarm the militia and arrest John Hancock and Sam Adams, resulting in the Battles of Lexington and Concord.[3]

The USA were partially modeled after the Roman Republic because of its longevity. For example, the word “federal” comes from the Latin “foedus” meaning “league or treaty”, in reference to the US Constitution adopted between the free and independent States.[4]

Machiavelli stated that Romans were free because they were armed in his treatise, The Prince (1532 AD). In Chapter 12 he wrote,[5]

“Rome and Sparta stood for many ages armed and free. The Swiss are completely armed and quite free.”

A well regulated militia consists of all 17-45 year old male citizens who are armed and trained to fight by the government for the security of a free State. Hence, the right to keep and bear arms shall not be infringed

[1]https://uscode.house.gov/view.xhtml?path=/prelim@title10/subtitleA/part1/chapter12&edition=prelim

[2]https://www.archives.gov/founding-docs/declaration-transcript

[3]https://www.hamiltonmobley.com/blog/6jqurheonyl6gd0p6zp8dp3mvgamad?rq=concord

[4]https://www.britannica.com/topic/foedus

[5]https://www.wgtn.ac.nz/lals/resources/paul-nations-resources/readers/mid-frequency-graded-readers/Prince-Adapted2.pdf