Anti-HCR 'Gun Mandate' Stunt Meets...George Washington

[RamboLiberal]

As you may have seen, some Republican state legislators in South Dakota have proposed a sort of protest bill against health care reform -- to require that nearly every adult in the state purchase a gun. But in their effort to make a statement about constitutionality, they might have just misfired.

"If the federal government can order every one of us to buy health insurance because we need medical care, it makes just as much sense for us to require everyone to have a weapon to provide for their protection," the lead sponsor, state Rep. Hal Wick (R), told the Rapid City Journal.

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So I decided to ask Wick his opinion of a previous individual gun mandate, which was passed by...George Washington!

You see, back in the early days of this country, Congress passed and Washington signed the Militia Act of 1792, which provided for universal military training to be conducted at the state level.

That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder;

http://tpmdc.talkingpointsmemo.com/2011/02/anti-hcr-gun-mandate-stunt-meets-george-washington.php?ref=fpb

[Statistical]

1. Which has nothing to do with the commerce clause.

"To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;"

Article I, Section VIII US Constitution

[sharesunited]

2. According to the Militia Act of 1792, the militias are under the command of POTUS.

Under that authority, POTUS can theoretically muster the militias and order them to deposit their weapons with an armory.

Do it, Mister President!

[beevul]

3. Yep. Its all about the commerce clause.

Regulating interstate commerce, is not the same thing, even remotely, as REQUIRING interstate commerce where none previously existed.


Thats why the mandate fails.

[X_Digger]

4. Is then, every act of congress constitutional? Were the founders infallible?

That seems to be at the heart of your contention-

To paraphrase: "Well, Congress and George Washington did it, so it must be okay!"