The Partisan Divide on Issues

[Bob Butler 54]

(02-08-2020, 03:31 PM)David Horn Wrote: FWIW, we have on in Virginia.  It consists of the faculty, staff and student body of Virginia Military Institute.  I doubt that expanding that to the general populous is possible, but maybe.  Let's admit it, the militia concept is outmoded in a modern world with modern weaponry.  It takes a lot of warm bodies to defend with muzzle loaders.  It only takes two to operate and support a belt-fed machine gun...

Guns are simply archaic in most places in the US with a population density above a certain level.  In the country, guns tend to be OK, but an irresponsible gunowner living in a 6-floor walkup is a danger to the entire building and all its residents.  Since the concept of "rights" requires universality, and the right to keep and bear arms is a clear and present danger in urban areas, some alternative modality is needed.  I'm fine with people having guns where it makes sense if it can restricted elsewhere, but that seems to go against the NRA and its minions.  That may change.  I think it already is.

Nitpick.  There have always been males of military age in the US.   Thus, the militia has always existed.  VMI may be one very few units which could be judged well regulated and called up usefully by the Virginia governor or US President on declaration of an emergency, but they do not represent all males of military age.

Second, the militia was the way the congress regulated people who used guns.  The nature of the threats that are expected to meet may have changed, but the militia was and is expected to enforce the law and follow the ‘well regulated’ regulations defined.

Given the red states, you are not going to get an amendment passed.  It is conceivable, though, that someday blue forces could gain control of both houses of congress.  A new Militia Act that follows the structure that the founders set out in the constitution could be passed to meet modern threats.  If TR redefined how the militia would be treated in his time, it could be done again.  You just have to redefine who is in the militia, and regulate how they are required to handle their weapons.

Mind you, it would be up to the states to assign militia officers to enforce these regulations.  You will have much trouble trying cultural imperialism.  After all, the states were given the power to assign militia officers to prevent federal power grabs while the US congress defined the regulations so that a uniform code could be defined, that all states received the same training.  It was assumed that the officers assigned would be appointed by the state, and thus be loyal to the state.

But if you do not use the current structure for a well regulated militia, you will have to wait until you can pass an amendment or hold a constitutional convention.  Neither is likely.  If you consider modern guns and urban environments a problem, you are stuck with using the existing constitution and laws.