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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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To: oldbill

Nothing that I said indicated that the National Guard wasn’t part of the militia - in fact, I quoted from the US Code, which (still) indicates as it did in the 1980s that the NG is considered the “Organized Militia.”

BTW, the fact that the unorganized militia has not been called up, or even well-regulated (i.e. trained) in over 100 years is utterly irrelevant from a Constitutional perspective. The militia has never been written out of the Constitution, and likely never will be...which means that everything in our law about it still applies, even if you and 100 million other people think that it is obsolete.

I am also very well aware that the Perpich case stated that the NG of each state was under the command of its governor until and unless it was federalized...where did I ever state otherwise?

Your attempts to dismiss the unorganized militia are utterly contrary to not only still-valid law, but to the Constitution itself.


42 posted on 04/01/2019 12:28:34 PM 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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