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To: Gaffer
The “well-regulated militia” thing is solely a STATE function. Wrong. The wording does not imply of that interpretation at all. A militia CAN be a state function but was not so defined at the time. The militia is all adult males excepting old men. THAT is how it was formally defined in law. In use the militia was volunteers who brought their own arms and coordinated with the national army or with state forces or on their own. How folks choose to define "militia" now is not relevant to the Constitution.
35 posted on 01/24/2013 9:16:09 AM PST by arthurus (Read Hazlitt's Economics In One Lesson ONLINE www.fee.org/library/books/economics-in-one-lesson)
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To: arthurus

I agree about the relevancy of what militia has to do with the basic individual’s rights has to to with owning a gun. However, your interpretation of the forematter is different from my interpretation. Your definitions are interpretations as are mine. I choose to believe We The People, STATES, and then Federal Government (if no objections are present from the prior).


36 posted on 01/24/2013 9:20:09 AM PST by Gaffer
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To: arthurus; Gaffer
The “well-regulated militia” thing is solely a STATE function. Wrong. The wording does not imply of that interpretation at all. A militia CAN be a state function but was not so defined at the time.

According to the Constitution, the militia is foremost a state function, because the officers of the militia must come from the states. The president can use the militia in times of emergency, but the officers of the militia are under state control, not federal control.

Article I Section 8:


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;

Congress regulates the provisioning, organization and discipline of the militia, but they don't control the officers. State control of the officers was a check against federal abuse of the militia.

-PJ

64 posted on 01/24/2013 3:01:04 PM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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