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Original_Intent
SFN Regular
USA
609 Posts |
 Posted - 11/03/2006 : 13:10:38
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To not drive the other discussion off topic:
Joe Said:
quote:
Most National Guard are Army National Guard, or Air National Guard. They answer to the CIC. He can do with them what he wants.
Interesting enough:
quote:
The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.....
I wish I could have added that to my paper on the second amendment. All I had was intent, not US law.
Peace
Joe
To Which HalfMooner Replied:
quote:
quote:
Originally posted by Original_Intent
Most National Guard are Army National Guard, or Air National Guard. They answer to the CIC. He can do with them what he wants.
Interesting enough:
quote:
The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.....
I wish I could have added that to my paper on the second amendment. All I had was intent, not US law.
Peace
Joe
[Off Topic, but wouldn't the above-referenced law's definition of a "militia" logically mean that no females at all except for members of the National Guard, and no males under 17 or over 44 who are not in the National Guard are covered by the Second Amendment's "right to bear arms"? Or did I miss something?]
From my Originalist point of view, yes. However, subsequent amendments to the Constitution rectified the inequalities for women and folks over 45. My point in pointing it out was my amazement in seing the militia defined in US Code of Law.
I did a paper in school on the second amendment, and found many refrences by the founding fathers thoughts, and the probable origins of those thoughts in my arguemnet that the second amendment covers the individual citizens, and that the citizens are the militia. It would have been much easier had I seen that then.......
Peace
Joe
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HalfMooner
Dingaling
Philippines
15831 Posts |
Posted - 11/03/2006 : 15:32:16 [Permalink]
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That was interesting indeed, Joe. That Federal statute does clearly seem to define a "militia" for Second Amendment purposes, though of course as you point out, subsequent changes to the Constitution itself would trump a mere law.
Yup, I can see how you may be kicking yourself for not having that law to refer to when you wrote your paper! But ignorance of the law is no excuse for not handing in homework assignments.
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“Biology is just physics that has begun to smell bad.” —HalfMooner
Here's a link to Moonscape News, and one to its Archive. |
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Original_Intent
SFN Regular
USA
609 Posts |
Posted - 11/03/2006 : 21:32:09 [Permalink]
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quote:
Originally posted by HalfMooner
That was interesting indeed, Joe. That Federal statute does clearly seem to define a "militia" for Second Amendment purposes, though of course as you point out, subsequent changes to the Constitution itself would trump a mere law.
Yup, I can see how you may be kicking yourself for not having that law to refer to when you wrote your paper! But ignorance of the law is no excuse for not handing in homework assignments.
LOL
I wish I had it somewhere. It was only supposed to be 5 or so pages. I did closer to 10 because of all the quotes I used.
Peace
Joe
Edited to add this:
US Code: Title 10 Chapter 13 - 311 |
| Edited by - Original_Intent on 11/03/2006 21:36:18 |
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