then you are arguing that it didn't apply even in 1788, which isn't something that matters too much to me either way
it no longer applies now for sure, and that's what matters
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by Infected Mushroom » Thu Oct 22, 2015 6:38 pm

by Prussia-Steinbach » Thu Oct 22, 2015 6:39 pm
Infected Mushroom wrote:a standing military's job is to protect that free society, not to threaten the free state
and in the USA's entire history, the military has never acted contrary to that mission

by Paddy O Fernature » Thu Oct 22, 2015 6:39 pm
Infected Mushroom wrote:Galloism wrote:They could have very well fielded a regular army, though, making the militia not necessary.
Like I said, try again.
then you are arguing that it didn't apply even in 1788, which isn't something that matters too much to me either way
it no longer applies now for sure, and that's what matters

by Galloism » Thu Oct 22, 2015 6:39 pm

by Infected Mushroom » Thu Oct 22, 2015 6:40 pm
Galloism wrote:Infected Mushroom wrote:
then you are arguing that it didn't apply even in 1788, which isn't something that matters too much to me either way
If it didn't apply in 1788, then you're arguing the founding fathers were retarded.
If the founding fathers are retarded, we should take them for what it's obvious they were trying to do, not by any random clauses they stuck in at various places. The part that's clear and understandable is that the right to bear arms should not be infringed.

by Imperializt Russia » Thu Oct 22, 2015 6:40 pm
Galloism wrote:Infected Mushroom wrote:
No it has enough troops
the fact that X soldiers (some of them being in the militia) are retained is not evidence that if the number of soldiers were less than X, the free society is threatened
you are conflating ''more is better within reason'' with ''the number we have now is the exact minimum number that's necessary''
Ok, for the sake of amusing you, prove the militia is no longer necessary.
Proof, not conjecture. Prove that it's not necessary, but I give you one additional condition.
Your conditions must ALSO show that it was necessary to have a militia in 1788.
Also,Lamadia wrote:dangerous socialist attitude
Imperializt Russia wrote:I'm English, you tit.

by Prussia-Steinbach » Thu Oct 22, 2015 6:41 pm

by Cedoria » Thu Oct 22, 2015 6:41 pm

by Galloism » Thu Oct 22, 2015 6:42 pm
Infected Mushroom wrote:Galloism wrote:If it didn't apply in 1788, then you're arguing the founding fathers were retarded.
If the founding fathers are retarded, we should take them for what it's obvious they were trying to do, not by any random clauses they stuck in at various places. The part that's clear and understandable is that the right to bear arms should not be infringed.
No I am not arguing that they were retarded. That would require a medical diagnosis. They are now long gone and so that would be a moot debate.

by Infected Mushroom » Thu Oct 22, 2015 6:42 pm
Imperializt Russia wrote:Galloism wrote:Ok, for the sake of amusing you, prove the militia is no longer necessary.
Proof, not conjecture. Prove that it's not necessary, but I give you one additional condition.
Your conditions must ALSO show that it was necessary to have a militia in 1788.
IIRC (which I'm likely not, but anyway), the reliance on militias were born partly out of a lack of organised standing forces and also a belief that they weren't to be trusted or something (the concept was not liked for some reason, I believe). Hence all that free state malarkey.
In the intervening couple hundred years, the effectiveness of a minuteman with a rifle has dropped from "somewhat" to "approaching nil". This is partly due to the fact that the US now has a large and absurdly capable standing army.
Militias were retained precisely for conflicts like the War of 1812, which was fear of Empire Strikes Back. Believe it or not, we're kind of over that now.
The US is no longer under any existential threat of invasion that would necessitate a militia.

by Galloism » Thu Oct 22, 2015 6:42 pm
Imperializt Russia wrote:Galloism wrote:Ok, for the sake of amusing you, prove the militia is no longer necessary.
Proof, not conjecture. Prove that it's not necessary, but I give you one additional condition.
Your conditions must ALSO show that it was necessary to have a militia in 1788.
IIRC (which I'm likely not, but anyway), the reliance on militias were born partly out of a lack of organised standing forces and also a belief that they weren't to be trusted or something (the concept was not liked for some reason, I believe). Hence all that free state malarkey.
In the intervening couple hundred years, the effectiveness of a minuteman with a rifle has dropped from "somewhat" to "approaching nil". This is partly due to the fact that the US now has a large and absurdly capable standing army.
Militias were retained precisely for conflicts like the War of 1812, which was fear of Empire Strikes Back. Believe it or not, we're kind of over that now.
The US is no longer under any existential threat of invasion that would necessitate a militia.

by Infected Mushroom » Thu Oct 22, 2015 6:43 pm
Galloism wrote:Infected Mushroom wrote:
No I am not arguing that they were retarded. That would require a medical diagnosis. They are now long gone and so that would be a moot debate.
You are arguing that they put something in the constitution, and operative clause that was invalid literally as it was being written.
That's insane.

by Galloism » Thu Oct 22, 2015 6:44 pm
Infected Mushroom wrote:Galloism wrote:You are arguing that they put something in the constitution, and operative clause that was invalid literally as it was being written.
That's insane.
they believed, rightly or wrongly, that at the time the Constitution was drafted, a militia was necessary
hence to their knowledge, they were enacting something that applied at the time
whether that was in fact true or not is something for historians and alternative history people to debate, but it doesn't change what the text says

by Infected Mushroom » Thu Oct 22, 2015 6:44 pm
Galloism wrote:Imperializt Russia wrote:IIRC (which I'm likely not, but anyway), the reliance on militias were born partly out of a lack of organised standing forces and also a belief that they weren't to be trusted or something (the concept was not liked for some reason, I believe). Hence all that free state malarkey.
In the intervening couple hundred years, the effectiveness of a minuteman with a rifle has dropped from "somewhat" to "approaching nil". This is partly due to the fact that the US now has a large and absurdly capable standing army.
Militias were retained precisely for conflicts like the War of 1812, which was fear of Empire Strikes Back. Believe it or not, we're kind of over that now.
The US is no longer under any existential threat of invasion that would necessitate a militia.
Eh, we did pass a new militia act in 1903. I mean, yeah that was 100 years ago, but we still do have, as a matter of law, both an organized and unorganized militia.

by Infected Mushroom » Thu Oct 22, 2015 6:45 pm
Galloism wrote:Infected Mushroom wrote:
they believed, rightly or wrongly, that at the time the Constitution was drafted, a militia was necessary
hence to their knowledge, they were enacting something that applied at the time
whether that was in fact true or not is something for historians and alternative history people to debate, but it doesn't change what the text says
Except, they very specifically wrote it in such a way that it doesn't have an actual limiting clause.
Why would they do that if it wasn't on purpose?

by Galloism » Thu Oct 22, 2015 6:46 pm
Infected Mushroom wrote:Galloism wrote:Eh, we did pass a new militia act in 1903. I mean, yeah that was 100 years ago, but we still do have, as a matter of law, both an organized and unorganized militia.
but its no longer necessary
no country is going to invade the US, which has the world's most powerful military, if we disband the militias tomorrow

by Paddy O Fernature » Thu Oct 22, 2015 6:46 pm

by Infected Mushroom » Thu Oct 22, 2015 6:47 pm
Galloism wrote:Infected Mushroom wrote:
but its no longer necessary
no country is going to invade the US, which has the world's most powerful military, if we disband the militias tomorrow
Security does not refer only to invasion. The militia still acts in areas of natural disaster and domestic crisis, and maintains the security of our domestic airspace. Reacting properly to such things is part of maintaining our national security.
The military is generally not permitted to intervene on US soil.

by Prussia-Steinbach » Thu Oct 22, 2015 6:47 pm
Galloism wrote:Infected Mushroom wrote:
but its no longer necessary
no country is going to invade the US, which has the world's most powerful military, if we disband the militias tomorrow
Security does not refer only to invasion. The militia still acts in areas of natural disaster and domestic crisis, and maintains the security of our domestic airspace. Reacting properly to such things is part of maintaining our national security.
The military is generally not permitted to intervene on US soil.

by Imperializt Russia » Thu Oct 22, 2015 6:47 pm
Galloism wrote:Infected Mushroom wrote:
but its no longer necessary
no country is going to invade the US, which has the world's most powerful military, if we disband the militias tomorrow
Security does not refer only to invasion. The militia still acts in areas of natural disaster and domestic crisis, and maintains the security of our domestic airspace. Reacting properly to such things is part of maintaining our national security.
The military is generally not permitted to intervene on US soil.
Also,Lamadia wrote:dangerous socialist attitude
Imperializt Russia wrote:I'm English, you tit.

by Galloism » Thu Oct 22, 2015 6:55 pm
Infected Mushroom wrote:Galloism wrote:Security does not refer only to invasion. The militia still acts in areas of natural disaster and domestic crisis, and maintains the security of our domestic airspace. Reacting properly to such things is part of maintaining our national security.
The military is generally not permitted to intervene on US soil.
but it is permitted to do so in national emergencies

by Galloism » Thu Oct 22, 2015 6:56 pm
Imperializt Russia wrote:Galloism wrote:Security does not refer only to invasion. The militia still acts in areas of natural disaster and domestic crisis, and maintains the security of our domestic airspace. Reacting properly to such things is part of maintaining our national security.
The military is generally not permitted to intervene on US soil.
One could argue that the National Guard isn't very "militia-ish" these days, it's very much a standing force. It has F-15s and F-16s and A-10s and Abrams and Pattons and M16s by the million and will probably receive F-22 and F-35 aircraft one day.

by Infected Mushroom » Thu Oct 22, 2015 6:58 pm
Galloism wrote:Infected Mushroom wrote:
but it is permitted to do so in national emergencies
Uh, not without direct order of the president, and only under very specific circumstances when the militia is incapable of managing the situation.
Posse Comitatus.
Generally speaking, if the militia is capable of handling the situation, the army may NOT be deployed.

by Galloism » Thu Oct 22, 2015 7:02 pm
Infected Mushroom wrote:Galloism wrote:Uh, not without direct order of the president, and only under very specific circumstances when the militia is incapable of managing the situation.
Posse Comitatus.
Generally speaking, if the militia is capable of handling the situation, the army may NOT be deployed.
its nonsensical to argue that the US' security would immediately be at risk if you got rid of the militia
there's no reason why the normal military couldn't do those functions, the President would no doubt grant it if it ever became an issue, authorisation is irrelevant

by Infected Mushroom » Thu Oct 22, 2015 7:03 pm
Galloism wrote:Infected Mushroom wrote:
its nonsensical to argue that the US' security would immediately be at risk if you got rid of the militia
It's also nonsensical that a phrase without a limiting clause should be read as having a limiting clause, but here you are.
Regardless, we are still using our militia to maintain national security. We could hypothetically do something else, but so could the founding fathers, and if that's the case, than the 2nd amendment itself should be written off as having no meaning at any point in all of history. I want to recognize an explanation clause as an explanation clause - you want to write off the whole amendment literally since the moment it was written.there's no reason why the normal military couldn't do those functions, the President would no doubt grant it if it ever became an issue, authorisation is irrelevant
Except he'd have to authorize each deployment. If an airliner was hijacked or there was an aircraft on a suspicious course, ATC couldn't call the national guard for an intercept, they would have to call the white house, wake up the president, get him to directly authorize such action, and THEN aircraft could be deployed on an intercept.
The time delay could be critical.
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