Saturday, January 03, 2009

English as a First Language in Politics

My English Teacher, Ms. Flamm, explained to me the English Language. That was back in High School, about 20 years ago.
If I were able to learn enough at that level to understand the following, it kind of makes you wonder why politicians, lawyers, and judges all have such a hard time with understanding this, even after so much more education than what I have obtained (I have my Bachelors, but it is from High School English that I gained my understanding of the following):

Amendment 2 - Right to Bear Arms. Ratified 12/15/1791.
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.

SUBJECT: "A well regulated Militia"
VERB: "shall not be infringed"

The reason we need a well regulated Militia?
"being necessary to the security of a free State"

Kind of awkward. And it leaves out the whole "the right of the people to keep and bear Arms" thing. Only, it also clarifies it. Someone stuffed another thought into this sentence. They declare that it is the "right of the people to keep and bear Arms"...they don't state what Arms, they don't apply any caveat to "the People", but they declare it a Right of the People to KEEP AND BEAR Arms. And this has something to do with the Militia...

But hold on...
What was/is a Militia? According to whatever literature I could find on the subject, a Militia is or could be defined in two types, the Organized and the Unorganized Militias. The Organized Militia is simply what has occurred after the Government (Federal or State) has called up the Militia and placed it under the Command of a Military Leader. The Unorganized Militia is a Militia called up by the Government or the People to affect some task, but not under direct military control.
Ok, so what constitutes a Militia? Who belongs to a Militia? Who would the Government (State or Federal) or the People be calling into Service?
Again, the definitions I have found state that a Militia is composed of any able bodied male between the ages of 18 and 45. Militia members were to provide their own Arms. In Organized Militias they would also have access to Military Supplies. In Unorganized Militias, they would provide for themselves, or be supported by the People they were serving.
Being that a Militia was composed of "the People" and that they had to provide their own Arms, then it was the responsibility, duty, RIGHT of the People to Keep and Bear Arms. THIS is why that Right was declared in the the 2nd Amendment in the Bill of Rights, so that people would be prepared to be called up into a Militia.
Another interesting Note - This Amendment also outlines the idea that it is the People's responsibility to provide for the Security of a Free State. The Militia is not the Military. The Militia is the People.

We could basically re-write the 2nd Amendment to say:
"A well regulated Militia, composed of all able-bodied men of the age of 18-45 bearing their own Arms, is necessary to the security of a free State, and their (the People's) right to keep and bear Arms shall not be infringed, so that they CAN be called into a Militia in the time of grave peril or danger."

Or better yet (the following comes from a class activity that I put together a few years ago):

Section 6 - The Right of Protection:
Part 1
Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality (Region, District, County, Municipality, City, or Town) thereof shall make any law, statute, rule, regulation, ordinance, or code against the establishment of a well regulated Militia within any State or Locality as such Militia is necessary for the security and sanctity of a Free Individual, Family, Home, Municipality, Town, City, County, Locality, District, Region, State, and/or Country.

Part 2
Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality (Region, District, County, Municipality, City, or Town) thereof shall make any law, statute, rule, regulation, ordinance, or code to abridge, restrict, or harm the right of the People to keep and bear Arms.

Part 3
Militias may be called up by the Government (Local, State, or Federal) in time of need, but this does not preclude the ability of a Militia to be pre-existing to that time of need. Any Militia my exist at any time and for any reason. The Government (Local, State, or Federal) may only call a Militia in time of war or grave conflict, which constitute "need". These Militias may be Organized or Unorganized, depending on "need". The duration of service of a Militia may not exceed that "need".

Part 4
When a Militia has been called by the Government (Local, State, or Federal) that Government is held responsible for the actions of the Militia. In the case of War Crimes, Crimes at Large, or Criminal Conduct, a tribunal must be convened to identify the individual or individuals responsible. The Tribunal must contain Citizens, Representatives, and Military individuals with no conflict or involvement in the alleged "crime". A Militia, organized or unorganized, is held to the same rights, responsibilities, duties, laws, rules, statutes, ordinances, codes, and regulations that are placed upon any individual, citizen, group, or company, as defined in law.

Definition:
I. For the purposes of this section, "Militia" is defined as any able-bodied State Citizen who has achieved the age of 18 or not yet achieved the age of 45, 55, or 65, as shall be determined depending on the type of service or need.
II. Militias may be one of two types: organized or unorganized. Organized Militias are called into service by a Government, and are placed under the command of a Military Leader. Unorganized Militias are called into service or existence for any other purpose or reason.
III. All members of a Militia shall be responsible for providing their own Arms.
IV. In the case of an Organized Militia, the Government that has called the Militia for service will be responsible for the sustaining of said Militia and their Families for the time and duration of their service.
V. In the case of an Unorganized Militia, they will be responsible for their own sustenance, and for that of their Families, respectively - this responsibility may fall to the individual, group, or organization that has called the Militia into service if such provisions have not been considered or made.
VI. For the purposes of this section, "Arms" are defined as any Weapon, Implement, or Device or component of Arm, Weapon, Implement, or Device that can be, has been, will be, or could be used as a weapon capable of providing protection (defensively and/or offensively) of Self, Family, Home, Society, Locality, State, Citizenry, and/or the United States and/or its Territories and/or Interests; in part or in whole.

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