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To: oldbill; xkaydet65; jeffersondem
"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."

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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

31 posted on 04/01/2019 9:22:56 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt, The Weapons Shops of Isher)
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To: Ancesthntr

You refute your own argument, fixated as you seem to be on gunrights, an entirely different issue.

The “militia” is an overarching appellation that includes in the original constitutional context an organized militia and an unorganized militia, i.e., all those 17-45 not in the organized militia. But the unorganized component no longer exists in practice. Are YOU 17-45? If so, do you drill regularly? I thought not.

The only segment of the militia under current law over which the federal government has direct and indirect control is the “organized militia”, which currently embodies only the Army and Air National Guard.

The unorganized militia segment is currently not utilized . There are states that have state (unorganized) militias, even two with a naval militia, but these organizations are under current practice strictly state entities with no federal mission or funding.

The focus of this thread is the Army National Guard, and that is an organized militia, although you claim it is not.

Your understanding of Perpich is also in error.
The issue at the time (I was part of it) was, could the governor exercise control over his Guard units after they had been called to federal (Title 10) active duty in Central America. The SC ruled that at the time, the Minnesota Guard was on Title 10 status, and as such was totally under federal control.


35 posted on 04/01/2019 9:54:34 AM PDT by oldbill
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