This interpretation, is inconsistent for a couple reasons. First, selective service is for the Army, a federal institution;
There is no means other than the militia clauses to call forth a person and compel them to serve in the army. It is because they are members of the militia that they can be called forth to serve in the army. Without the militia clauses, the 13th Amendment would prohibit such an act.
While we are on the subject of armies, take a look at Article I Section 8 clauses 12, 13, and 14.
*Congress has the power to “raise” an army. They can create one.
Congress has the power to “provide” a Navy. They can create one.
Congress does not have the power to “create” a militia. The militia is presumed to exist; Congress can “call it forth”.
Further, if Militia and People are synonymous as you suggest, you’re implying that everyone who isn’t registered (women, children, men over the age of 25) aren’t People.
Nope. Addressed that long ago: Selective service is a legislative provision, and is not the “well regulated militia” referred to in the constitution. Congress has provided a means for calling forth only part of the constitutional militia. They are empowered to provide for calling forth the entirety of the militia; they have not made such a provision. The largest group that they could provide for calling forth tomorrow (“the people”) were members of the “well regulated militia” yesterday.
This doesn’t make rational sense. The definition of what it is, and the rights and infringements thereon lay where they lay. Picking and choosing to minimize responsibilities and maximize benefits to suit your personal disposition is an abomination to legal consistency.
It’s called the rule of lenity. It is a natural extension of the principles of “presumption of innocence” and “burden of proof”. When law, regulation, clauses, or other terms, conditions, or requirements can be rationally interpreted multiple ways, the applicable interpretation is the one that most favors the person claimed to be in violation.
Claiming that this one clause in the entire document was included for no real reason and can be safely disregarded
I made no such claim. Quite the contrary, the clause was included for a very important reason.
The only honest conclusion is that the founders intended that clause to be Included for a material purpose.
Agreed. And for that, I’ll take you back to Article I, Section 8, clauses 12, 13, and 14. Congress is empowered to create armies and a navy. The Second Amendment tells us that this created military is not the entity charged with providing security of a free state. That security is provided not by the government or any other government creation, but by the militia; the people.
I will note that the following clause is the operative one: the right is not granted to the states or the militia, or to those members of the militia who have been called forth. The right is specifically guaranteed to the people. It makes little sense to guarantee the right to the people if the people aren’t the militia.
I think I’m about done here, so I’ll try to sum it up. Basically, you sound like this:
“A well trained driver, being essential to the safe operation of a vehicle, the right of squirrels to attend drivers ed may not be infringed”.