UpFront Politics: Gun Issues

Fourth Branch of Government & The Second Amendment

Fourth Branch of Government
Posted: July 15, 2016 at 4:52 am   /   by   /   comments (0)

Fourth Branch of Government refers to, The People. On December 15, 1791, Congress passed the Second Amendment of the Bill of Rights to the Constitution.

Fourth Branch of Government – keep and bear arms

The Second Amendment breaks down into two parts. A well regulated militia, being necessary to the security of a free state”,‘the right of the people to keep and bear arms, shall not be infringed.”

The first phrase, ‘A well regulated militia, being necessary to the security of a free state”. All 50 states have their independent militia, better known as the National Guard today. The militia would protect the states from invasions and incursions. The other reason why the state would have its independent militia is to ensure the Federal Government had no standing army; the militia would give the states more power and more control to reduce the power of the Federal Government.

State Militia – Fourth Branch of Government

Every man had to serve in the State Militia. The men had militia training and had to purchase their firearms. Their gun was considered personal property and was theirs to keep. The men would have to go through mandatory training every year. If there was a conflict about to happen then, the Congress would pass a Militia Act.

The Militia Act of 1792 made America stronger from a military point of view. The Militia Act of 1792 made it mandatory for every white male to sign up to their state militia. By law, men had to have a military rifle. This training would train men how to use a firearm and other military tactics. This Act made it mandatory for men to show up in the spring time for training. The Act was passed to protect the seven states from Indian Tribes and The British.

Fourth Branch of Government – Military Training

The Second Amendment and these policies ensured the Federal Government would not become a dictatorship, tyranny, or kingdom. The reason why men were prepared to fight against a foreign military and a tyranny government was because every man in the state had military training and was well equipment. This keeps the government in check because all men in the country had combat experience to fight against individual’s that might try to overthrow the government. This is one important factor why a person with a gun had more power over the government.

The Second phrase, ‘the right of the people to bear arms, shall not be infringed.” This sentence ensures the people have the power. An individual right to protect life, liberty, and property. Ensure self-defense against a criminal or any other hostile act (Life). (Liberty) to ensure the peoples, Bill of Rights is protected and preserved. (Property) to ensure no U.S. soldier quarters in a household during war time, which violates the 3 Amendment.

Fourth Branch of Government & The Federal Government

This is the purpose of the Second Amendment, but at the beginning of the 20th century, Congress started to remove power from the citizens. The Federal Government has become stronger, and the states and the citizens had become less powerful.

In 1903 Congress passed the Dick Act. This policy removed the militia and the Militia Act, which means men are no longer forced to join their state militia. Today it’s the National Guard, it has improved military readiness and has made the military stronger, but has made American citizens have less power because, they are no longer receiving military training.

It might be argued that the Dick Act of 1903 violates the Second Amendment, because all men are no longer force to serve in their State Militia, but by definition, the National Guard is technically not a Militia. This was one of the first steps to remove states power, but also reduce the citizens’ power. Then Gun Control started to pass a lot more after this Act was passed.

In 1934 Congress passed the National Firearm Act (NFA), which is one of the first major Gun Control laws to pass. In 1939 the Supreme Court U.S. v. Miller passed more gun control regulation. Some say both Gun Control and gun rights won in the 1939 Supreme Court case.

If the Dick Act of 1903 had never passed, then Gun Control would have never become a major issue, because the Second Amendment clearly states it is supposed to be a militia. The militia act of 1792 and 1862 made it mandatory for every male to receive simulated military operation drills.

This system is similar to Switzerland’s militia system. It is still an obligation for every man in Switzerland to receive military training. The men go through a background check and firearm training. This system creates discipline among the men who receive military firearms. The men have these guns for personal reasons, but also for the defense of the country.

Very similar to our system if these militia acts never changed. This basic training would have taught every male how to handle a firearm, go through a background check through the military, and discipline if this system was here today.

Fourth Branch of Government – Second Amendment

Today, if the Second Amendment was the same when it was written, the country would be very different. There would be no Gun Control debate because every man who turned 18 would be in the state militia. This is most likely why the last part of the Second Amendment says shall not be infringed. The 4th. branch of government would preserve the 3 branches of government and ensure that the people have the power, by having every male combat ready in case the government became a dictatorship, tyranny, or kingdom, but also to protect and preserve the nation and state from invasions and incursions.

James Madison

“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.”

“[The Constitution preserves] the advantage of being armed which Americans possess
over the people of almost every other nation (where) the governments are afraid to
trust the people with arms.”

“A well-regulated militia, being necessary to the security of a free state,
the right of the people to keep and bear arms shall not be infringed.”

George Washington
“Firearms stand next in importance to the constitution itself. They are the American people’s liberty teeth and keystone under independence … from the hour the Pilgrims landed to the present day, events, occurrences, and tendencies prove that to ensure peace security and happiness, the rifle and pistol are equally indispensable… the very atmosphere of firearms anywhere restrains evil interference — they deserve a place of honor with all that’s good.”

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1. https://en.wikipedia.org/wiki/Militia_Acts_of_1792
2. https://en.wikipedia.org/wiki/Militia_Act_of_1862
3. https://en.wikipedia.org/wiki/Militia_Act_of_1903
4. http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
5. http://judiciallearningcenter.org/the-constitution/
6. https://homicide.northwestern.edu/docs_fk/homicide/laws/national_firearms_act_of_1934.pdf
7. http://www.guns.com/2013/01/03/gun-law-101-national-firearms-act-of-1934/
8. https://en.m.wikipedia.org/wiki/Military_of_Switzerland
9. https://en.wikipedia.org/wiki/United_States_v._Miller
10. http://cap-n-ball.com/fathers.htm