Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Dead Corpse
The militia is defined as able-bodied men between the ages of 18 and 45.

It is a sub-class of the people.

You are essentially still correct, however.
177 posted on 12/03/2003 10:09:28 AM PST by Maelstrom (To prevent misinterpretation or abuse of the Constitution:The Bill of Rights limits government power)
[ Post Reply | Private Reply | To 176 | View Replies ]


To: Maelstrom
The militia is defined as able-bodied men between the ages of 18 and 45.

That's the federal definition (actually it's 17+ and < 45 ) , and it's not clear where they have the power to define who is and who is not, in the militia. I guarantee that the Anti-federalists, and most Federalists as well, would have shied at that notion.

The states have their own definitions. In Texas it is essentially all able bodied persons (not males only) 18-60, save a few goverment officials.

BTH, federal law puts female members of the National Guard into the militia as well. A fairly recent change to a very old law. In fact the change went through two steps, first it was female Guard comissioned officers, then all female Guardsmen, in 1958 and 1993 respectively. That in itself is interesting, as Congress could easily, if they'd had a mind to, remove any mention of the "unorganized militia" if they'd wanted either of those times. So at least as of 1993, the Congress still thought most male citizens, and some female ones, where part of "The Militia". If the Second Amendment protected the right of the Militia, which it does not, then most adult males could own most any arms on that basis. But of course it protects the right of the people not the right of the Militia, or the power of the states.

242 posted on 12/03/2003 9:15:28 PM PST by El Gato (Federal Judges can twist the Constitution into anything.. Or so they think.)
[ Post Reply | Private Reply | To 177 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson