The original meaning of "militia" from Latin was "defense activity",
and most of the Founders were Latin-literate. The idiom of the era
(continuing to our day) was to often use a word for an activity to
also mean those engaged in the activity, or the occasion or place of
"Back to the Basics: Restoration of Our Right to Keep and Bear Arms
through the National Reciprocity Act of 2011" (
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2126356 )
University of Miami Business Law Review, Forthcoming (
http://papers.ssrn.com/sol3/PIP_Journal.cfm?pip_jrnl=313645 )
J
I'm unaware that the Constitution has more than one use of "militia" which
seems to be those people who may be called to defend the republic. Congress,
not the Constitution, provides for qualifications of who is subject to the
call, but the exclusions of some cannot denigrate their rights as a
It is important to distinguish between militia as defense activity,
and those who engage in it, from the mandatory or obligatory militia
who may be legally required to muster for organizing and training,
which excludes the unfit, the young, the old, most women, foreign
v
Dear Prof. Blocher,
Thank you for taking the time to address the "right not to speak" issue with me
and the link. I suppose this right (upheld by the USSC) is that, a person has
the "right not to speak" sentiments that he doesn't hold.
I must admit I didn't consider this possible meaning, when
