"that Madison's intent was to have armed private citizens."
As was Jefferson's and George Mason's as well, to name but a few of like mind in this matter!
Unfortunetly no matter what anyone thinks no militia would ever unseat the federal government unless it was extrodinarily large. They have amazing weaponary these days that render standard firearms completely inadequate.
I don't believe the presenters of the current case explored the concept of the milita in their arguments the other day. Most people erroneously regard the National Guard as today's "militia", when in fact the
National Guard is only one part of the whole of the militia -it is the
"Organized Militia".
In the days of the founding fathers, the militia consisted of "ALL able-bodied male citizensbetween the ages of 17 and 45, except for a few public officials and members of the standing Army".... Therefore, even if the 2nd Amendment ONLY meant the militia, the militia was
practically everyone in those days. Most people do not know this, but
the Federal Law which STILL EXISTS establishing the militiaOF TODAY defines the militia in almost exactly the same terms, except that the "male" citizens phrase is now assumed to include females as well.
[quote]Incidentally, if the question is whether "militia" in the Second Amendment means just something like the National Guard, that's one thing that
the Supreme Court has resolved: "
The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense." (Today, after the Court's sex equality cases under the Fourteenth Amendment, it would likely include women, too.) The
Militia Act of 1792 took a similar view, as does
the currently effective Militia Act.
B. The currently effective Militia Act:
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and . . . 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." A.
Sources on the Second Amendment
and Rights to Keep and Bear Arms
Prof. Eugene Volokh, UCLA Law School *
A. The forgoing definition includeseveryone else physically capable of performing militia duty!! Since the various governments do not possess sufficient stockpiles of weapons to arm all of us, I assume we would still be expected to report for duty with privately-owned arms......