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To: ctdonath2
"The Constitution grants Congress the power to organize “the militia”. It does not say “the militias of the various states”, it does not say “state militias”, it simply says “the militia” and does so in the context of the whole of the USA."

Correct. The U.S. Constitution says "the militia". But it is certainly referring to a state militia. What other kind of militia has its officers appointed by each state?

"Likewise the 2nd Amendment - which refers to the “militia”, not “state militia”."

Correct. The second amendment says "well regulated militia". But it is certainly referring to a well regulated state militia. What other kind of militia is well regulated (organized, trained, armed, and accoutered)?

Under the Militia Act of 1792, Congress organized a state militia. The Militia Act was not referring to a federal militia nor a neighborhood militia. It was referring to a state militia with officers appointed by the state.

352 posted on 11/07/2007 11:32:08 AM PST by robertpaulsen
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To: robertpaulsen
No "certainly" about it. If they meant "state militia" they could easily have made that clear in multiple locations. Instead, they - writing from a federal perspective - wrote only of "the militia", granted Congress the power to organize it, granted the President the power to call it out, and granted the stateS to appoint officers to their portion of it. Not to "them" indicating multiple state militias, not to "militiaS", no plural form of "militia" is ever referenced - only "the militia" singular.

Likewise for the Militia Act of 1792. It has the states appoint officers, and has states do other tasks pursuant to the militia, but does not separate out militiaS as multiple independent entities. What the Act organizes is a federal organization pursuant to explicitly delegated Constitutional power, with portions thereof managed (but not owned per se) at state level.

The officers appointed by a state preside over militia members resident of that state. Both, however, serve in "the militia" (singular), which is a federal organization with the President at its helm.

If, as you contend, it was all about "state militias", then Congress would not have been granted the power to organize the aggregate thereof, and would not have had the power to pass a federal "Militia Act" which legislated the organization in great detail (right down to the minimum number of bullets each member must have). The states are granted the power to assign officers, but it is done as a whole under the organization of Congress and direction of the President.

353 posted on 11/07/2007 12:05:50 PM PST by ctdonath2 (The color blue tastes like the square root of 0?)
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