Citizen Soldiers Quotes
From the beginning, the issue of whether the country should have a standing army or depend on the militia and the citizen soldier has been controversial. There is a , romantic American myth about the Militiamen in Colonial and Revolutionary America—the citizen soldiers who would leave their farms and rise to the military necessity of the day. However, not only were the militia very hard to muster to duty, but most actually didn’t own or have experience with firearms, and the prevailing opinion of knowledgeable military leaders from George Washington on down was that the militia were not very good soldiers. See {613015}, {613016}, {613022}, {613027}, {621987}, {621988}, {613030}, {613033}, & {613056}
A state militia is necessary
More than a decade before Hamilton wrote this, a Maryland commission used the phrase “well regulated militia” earlier. (See {588394}.) It would be less than 2 years before the phrase “well regulated militia” would be added into the Constitution in the 2nd Amendment of the Bill of Rights—September 25, 1789. The Maryland resolution was the last of several passed at a meeting by which Maryland endorsed resistance to the British before the actual Revolution. So these resolations would have been widely distributed throughout the colonies and known by the leaders. Whether the drafters of the 2nd Amendment got the phrase from Hamilton’s Federalist 29 or from the Maryland Resolutions is not known but Hamilton’s was much more current. Did he get the phrase from Maryland? Did Congress get it from him? Did Maryland originate the phrase or was there an earlier use that influenced the Maryland drafters? At this point no one is sure, but the phrase is critical to the meaning of the 2nd Amendment because the Supreme Court has repeatedly held that the Second Amandment does not apply to individuals but only to the State’s right to bear arms within the “well regulated militia” and not as individual citizens. The right is that of the State government and that is why a state can control guns including banning them if they choose. So an individual in America does not have the constitutional right to bear arms. He may have a state constitutional right but in other states he may not use a gun in certain places and may not possess certain types of guns like hand guns which are illegal in New York, Washington DC and some other places.
The professor was addressing a theory of some gun rights advocates that the framers of the constitution intended the 2nd Amendment as a check on a dictatorial Federal Government. The history of the militias shows that they have been used by states never to foment rebellion but often called out to suppress rebellions of citizens who thought that their rights had been infringed such as Shays Rebellion, the Whisky Rebellion and the repeated use of state militias to enforce laws and quell riots and labor disputes.
