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To: Cboldt

The People may make up the militia but they are not
OF the militia, they are free citizens First.Just like
our armed forces, the militia is a volunteer organization. If the second amendment only entitles the militia then
it should have said “..the right of the Militia...”
it clearly says “the right of the people...”, All of the people not just the ones that volunteer to serve in the militia.


27 posted on 11/18/2009 1:05:53 PM PST by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: tet68
-- Just like our armed forces, the militia is a volunteer organization. --

"The militia" has two components, the organized militia, and the unorganized militia. All able-bodied people are members of the unorganized militia. SCOTUS, in Presser v. Illinois said, "It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states ..."

Similarly, Unites States Code at 10 USC 331 defines the militia as "(a) The militia of the United States consists of all able-bodied males at least 17 years of age ..."

I agree with your point that the 2nd applies to "the people," and not just to those who are capable of bearing arms. My point was one of definition of the word "militia," noting that it is common for people to construe "militia" too narrowly, as meaning only those who have actually volunteered for duty.

29 posted on 11/18/2009 2:03:11 PM PST by Cboldt
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