
The Second Amendment
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.
I don’t think there is any subject in American history where so few words have generated so much disagreement. Every time there is a public shooting and the subsequent outcry for stricter gun control, the debate inevitably revolves around the Second Amendment. I won’t reargue the gun control issues. That has been done by others better informed and more eloquent than I.
I am going to talk about something that most people taking part in this argument seldom address, and probably don’t understand. I include myself in that latter category. What exactly is a well regulated militia, particularly in the context of the US Constitution?
We all have a vision of the farmer soldiers at Lexington and Concord standing up to the professional British redcoats. This is an image that has become part of our national identity and the way we think of ourselves as Americans. But from where did it come and how has it evolved?
Militias have been a part of our history since the founding of the first English colonies in North America. When those first brave settlers arrived, there was no army to protect them; they were expected to provide for their own defense.
There usually was not a formal militia structure, there didn’t need to be. The whole community was the militia. The men did the fighting, and the women and children reloaded muskets, carried powder, and tended the wounded. At times, women and children also took a direct part in the fighting which might be taking part on their farms or even in their homes.
As the colonies grew and became more settled, the militia became more structured. Individual colonies passed their own militia laws that specified who was obligated to serve, the condition of service, and the rates of pay. Prominent citizens were appointed militia officers and tasked with organizing and training the citizen soldiers.
On the frontier the militia remained critical to the safety of pioneer families. In the more settled portions of the colonies some militia companies had become little more than social clubs and others had ceased to exist altogether. The majority of those that still functioned had little equipment and even less funding.
While some militia units served admirably, the performance of the majority of the militia in the Revolutionary War was spotty. Few militia units had the training or the equipment necessary to stand up to the professional British Army in a pitched battle and most had terms of service so short, often one to three months, that they never received the necessary training. Many militia units were called into short term service for guard duty, to garrison military camps while Continental Army soldiers were on campaign, and to help subdue civil unrest.
Experience with the regular British Army prior to and during the Revolution left most Americans with a distrust of a professional standing army. Many people believed that their freedoms would best be guarded by a reinvigorated militia; one designed to cure the problems evident during the Revolution. The Militia Act of 1792 was designed to create a well regulated militia.
I’m going to include a brief excerpt from the act to help us understand the relationship between the militia and the Second Amendment.
“Be it enacted…. That each and every free able-bodied white male citizen of the respective States…. shall severally and respectively be enrolled in the militia…..That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself a good musket or firelock, a sufficient bayonet and belt, two spare flints…..”
The relationship of the Second Amendment to a well regulated militia is clear. Not only are citizens required to be a part of the militia, but they are also required to provide their own weapons of war. There is one key difference from our society today; their weapons were the same ones they used to protect their homes and hunt for food.
The 1792 act didn’t solve the shortcomings of the militia. Problems arose with issues of state and federal control, funding, and standardization. During the Mexican-American War, the Civil War and even as late as the Spanish-American War the militia was unable to provide the government with sufficient adequately trained troops. The federal government resorted to the creation of “volunteer” units when it needed to expand the size of the army. These volunteer units were not a part of either the militia or the regular army. The most famous of these was the 1st United States Volunteer Cavalry Regiment, better known as the “Rough Riders.”
These experiences led to the passage of the Militia Act of 1903 that repealed the Militia Acts of 1792 and organized the militia into two groups: the Reserve Militia, which included all able-bodied men between 18 and 45, and the Organized Militia, which included state militia (National Guard) units receiving federal support.
This leads to a question, “Do we still have a militia?” The answer is yes. Most obviously, we have the National Guard, a well regulated militia of citizen soldiers who serve under state control but who can be activated for federal service. Their exemplary service in the 21st century proves that the concept of a well regulated militia is viable when properly supported.
I’m sure it will surprise many people because it surprised me, that we still have state level militias that are independent of any federal affiliation. They serve under state control and cannot be called into federal service. They receive no direct funding or support from the federal government, although occasionally they may receive surplus equipment.
Twenty-two states have authorized state level militias, also known as state guards or state defense forces. They vary in training and function. Many operate only in a search and rescue, or disaster mitigation function such as supporting pandemic relief programs. Only a few states provide weapons training and have a police type mission in times of civil disturbance.
The latter half at the 20th century saw the rise of armed groups that style themselves as militias. They are both left wing and right wing although most tend to be on the far right. The one thing they have in common is a strong antigovernmental bias. They use their self-declared militia status to justify their use of weapons of war. They are among the most vocal proponents of unlimited Second Amendment rights.
But is this what the founders had in mind when they drafted this amendment? I don’t think so. They drafted the Second Amendment with the idea of the citizen soldier who would be defending his country. These groups certainly do not meet the well regulated qualification. They have no ties with any governmental entity and are under no supervision or control. If anything, many of them represent a threat to the government and civil welfare. If they want to keep their deer rifles, shotguns, and pistols, fine, just not weapons of war with no purpose other than killing their fellow citizens.
That is my grumpy opinion. I’m sure some of you will disagree. If you do, please leave comments and we can discuss it. We may never agree but at least we can air the issues.








Thinking About A Legacy
By John Turley
On August 10, 2022
In Commentary
Now that I am in what is euphemistically called my twilight years, I’ve begun that to think about my legacy. How will I be remembered? Will I be remembered at all? Does it really matter?
There are already some things that I know. I will never do great things like Washington or Lincoln. I will never write great works like Shakespeare or Hemingway. I will never create great inventions like DaVinci or Edison. I will never have great thoughts like Aristotle or Thoreau. I will never be a great athlete like Jim Thorpe or Babe Ruth. And I will certainly never be a rock star like Elvis or Mick Jagger.
So where does that leave me? I think, like most people, I will have to be content that I did my best, helped as many people as I could, and did as much good as I was able.
I think my legacy will be in my family and my friends. For more than 50 years I have had the love of a good woman who made me more than I ever would have been without her and saw much more in me than I saw in myself. I also have two wonderful children, who while not perfect, (but whose children are, despite what their parents would have you believe) have been a great joy for me. And, of course, my grandson who is the best legacy that I will leave behind.
I’ve had many true and wonderful friends in my life, and I can only hope that I have been as positive an influence in their lives as they have been in mine. I know my life would have been far emptier without them. The one truly great thing about friends is that there is no limit to how many you may have and that you may continue to make new friends even as you get older.
I have also been blessed in my life and in my career to be able to help many people in the most trying times of their lives and to sometimes make a lifesaving difference. Most of these people, I expect, will never remember me, but it is enough that I know that I made that difference.
So, what is our true legacy? It is the people that we have loved and who have loved us. It is the good that we have done, and it is those whom we have helped. This then, is a true legacy of which to be proud. It is better than fame, notoriety, or wealth (well, maybe wealth would have been nice). It is certainly a legacy that I am satisfied to leave behind.
And, that is my opinion, although not grumpy for a change.