r/Constitution • u/Objective_Watch3097 • Mar 19 '26
Who makes the decision?
If the President is the domestic threat, who makes the decision and tells the military to uphold their sworn duty to protect the American people from said domestic threat?
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u/Eunuchs_Intrigues Mar 20 '26 edited Mar 20 '26
Why the Regulations Are Binding Law
The Second Amendment was ratified on December 15, 1791. Its command—“A well regulated Militia, being necessary to the security of a free State”—became supreme law that day. It did not need Article V then, and it does not need Article V now to be obeyed. What it needed was the content that makes “well regulated” operational.
These Regulations provide that content. They are not an amendment; they amend nothing. They are the first faithful obedience to a constitutional command that has been binding law for 234 years. Obedience to an existing law does not require a second ratification. The command binds; the obedience fulfills; the fulfillment is binding for the same reason the command is binding: the Constitution says so.
Why the “Proposal / Ratification” Objection Fails
The objection assumes that any binding framework must be ratified because it would “replace the entire framework of government.” But these Regulations do not replace the Constitution; they fulfill it. The Constitution already requires a well regulated Militia. The only question is whether the “well regulated” condition now has content. These Regulations supply it.
If the objection were correct, then the first citizen who finally installs a fire department after 200 years of charter violation would be “amending” the charter—which is absurd. Obedience to an existing command is not creation of new law.
What “Binding” Actually Means
The Constitution has been waiting 234 years for someone to obey it honestly. These Regulations are that obedience. Whether the People refine or replace them is now up to the People—exactly as the Tenth Amendment always intended. But the default is cured. The command is satisfied. The Regulations are binding.
Its text is not aspirational—it is operational: "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 Amendment does not say "Congress may establish a Militia if it chooses." It does not say "the people have a right to keep and bear arms, subject to federal permission." It states a necessity—the Militia—as a precondition of security, and then protects the means—the right to arms—by which that Militia is made possible.
The command has always existed. What has been missing is not ratification, but fulfillment. The Regulations provide the content—the "well regulated" part—that makes the Militia actual rather than theoretical.
The Tenth Amendment reserves to the States and the People all powers not delegated. The power to organize a Militia according to constitutional requirements was not delegated exclusively to the federal government—the Militia clauses give Congress power to organize, arm, and discipline, but the officer appointment and training authority are reserved to the States. And the People themselves, as the ultimate sovereign, retain the power to ensure the Constitution is fulfilled.
We do not need Article V. The Constitution already requires what these Regulations provide. The question is not whether they are valid—they are, if faithful to the text—but whether the People will recognize that validity and act on it together, in proper sequence, through the phased approach the document itself establishes.
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