“This is a positive as it clearly separates the Guard from being the Militia. The idea of the Guard not being the militia or Minute Men reinforces the 2nd Amendment.”
Stupid comment.
The Guard IS the militia. The militia clauses of the Constitution apply to the militia, which is understood to be today’s Guard. Using you logic, or lack thereof, today’s Guard would have no justification for its existence if it’s not a militia.
“The Guard IS the militia.”
The militia is much larger than the Guard.
Look it up.
I wonder about the current justification of the Guard since it is under the political control of the Governors which can be contrary to National need. The Governor of Delaware wouldn’t send Guard troops to the border to help with the crisis down there but proudly sends them on the taxpayer’s dime to places like the Middle East.
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Uh, no, the NG is NOT, NOT, NOT the militia (not all of it, see below). The anti-gun types would like us to believe that, since then there would be no right for ordinary citizens to own arms (in their belief, not mine). The was decided already by the Supreme Court in a unanimous decision: Perpich v. Department of Defense
https://supreme.justia.com/cases/federal/us/496/334/
Put simply, Rudy Perpich was the Governor of Minnesota and resisted Reagan's deployment of the MN NG to Central America, on the theory that the state NG was the militia (which would require an act of Congress to call up and deploy). The SC said that it was NOT the militia, that it was created by an act of Congress as part of its Article 1, Section 8 powers to raise armies.
The National Guard is NOT the militia. The [unorganized] militia is defined in 10 US Code Section 311 as follows:
"(a) 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 [i.e. the National Guard], 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.
(b) The classes of the militia are--
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
https://codes.findlaw.com/us/title-10-armed-forces/10-usc-sect-311.html
Using your comment, if you’re not in the national guard, you cannot bear arms.