Are there Government sanctioned Militias in America?

[Toots]

Since the founding fathers were adamantly opposed to maintaining a "standing army" they made it so the common man could come to the aid of their country when and if necessary and that they would be armed. The National Guard is not a Militia. It is considered the same as regular army and in fact many in the National Guard find themselves overseas fighting with regular army personnel. If there is no such thing as Government sanctioned and regulated militia then the second amendment no longer stands for what the framers intended it to. IMO If we must have a second amendment where everyone is armed then we should abolish the standing army as was the intent..

[northzax]

1. actually. yes

many states have a militia (I know Virginia and Maryland do) they cannot be federalized, and serve at the pleasure of the governor.

[Toots]

2. And does the government provide training and regulation?

How are they regulated other than state law? as "well regulated" is an essential part of the second amendment.

[hansberrym]

5. What are you trying to say?

What the Constitution intends concerning the militia as well as regular forces is spelled out in Art.1, Sec. 8.

US COnstitution Article 1, Section 8:
Clause 12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

Clause 13: To provide and maintain a Navy;

Clause 14: To make Rules for the Government and Regulation of the land and naval Forces;

Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Clause 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;



What the Constitution intends regarding the right of the people to keep and bear arms is found in the second amendment -it "shall not be infringed".

While "well-regulated" may be an essential part of the amendment, those words refer to the militia. However the right to keep and bear arms belongs to the people.

Obviously the introductory phrase provides context that should not be ignored when interpreting the amendment, but the introductory phrase is not written as a conditional or a qualifier on the right that follows.

[tekisui]

3. Blackwater.

[Thothmes]

4. Adamantly opposed

Their opposition was to a "large" standing army. The Constitution authorizes congress to raise and maintain an army and a navy. The founding father's intention was a small army with the State militias being used to fill in the gaps, and once turned over to the U.S. government to augment the size of the standing army. The militia organizations have on many occasion fought along side of the the regular army. The war of 1812, the Mexican war, and the Civil War come mind as examples of the Government using militia to bolster the strength of the small U.S. Army. The Federal government never maintained a militia, that was a State responsibility. See Article I section 8 of the Constitution.