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King Edward I, Statute of Winchester 1285

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King Edward I, The Statute of Winchester 1285 The Second Amendment didn't come about because we dreamed up a new right, it came about to protect an already existing right under Old English Common Law.  Our Constitution protects that institution.  The Posse Comitatus and Militia came about from similar origins and those origins can be traced to King Edward I and beyond.  The Statute of Winchester as shown here is only to show that these rights and duties associated with them existed from ancient times.  It should be noted that while we declared independence from Great Britain in 1776 we did not abandon legal precedents that existed prior to that time. Because from day to day robberies, homicides and arsons are more often committed than they used to be, and felonies cannot be attainted by the oath of Jurors, who had rather suffer felonies done to strangers to go unpunished than indict wrongdoers the greater part of whom are people of the same district, or at...
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How the Citizens Militia is Distinct from the State Sponsored Militia

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How the "Citizens Militia" is distinct from the state sponsored militia The Militia of the State is but a small portion of "the Militia" as it was understood by the founding fathers.  Unlike the Army and Navy, which were created by the Constitution, the Militia pre-existed the Constitution.  The Constitution simply gave Congress power to call up that portion of the Militia that would be needed in case of national emergency. The founders understood the Militia to be all able bodied male citizens capable of bearing arms, in a previous post The Power of a Tithing , I pointed out that those who were to be trained to aid in the common defense began at the age of 12 and up.  According to US Code, that portion that may be called up to aid the United States consist of all males (with few exceptions) ages 17-45, and most state codes share a uniformity with that code.  There are times however, when the Federal and State Government are either unable or unwilling to a...
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Alaxander Hamilton on Militia and Federal Powers in regards to the Posse Comitatus

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In Federalist 29 Alexander Hamiliton goes into great detail about the use of the Militia under the new Constitution being debated at the time.  While he argued in favor of the Militia as it stood in Article 1 Section 8 the Anti-Federalist demanded that it be recognized that the Militia of the Whole constituted the entire population and hence, the 2nd Amendment. His arguments led to the creation of the "Organizaed Militia" and the "Unorganized Militia" The Organized Militia (select corps of Militia as he put it): " The attention of the government ought particularly to be directed to the formation of a select corps of moderate extent, upon such principles as will really fit them for service in case of need. By thus circumscribing the plan, it will be possible to have an excellent body of well-trained militia, ready to take the field whenever the defense of the State shall require it. This will not only lessen the call for military establishments, but if...
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