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To: Ken H

Seems I forgot to answer the first part of your query. FIRST MY LEGAL ANSWER, then MY PHILOSOPHICAL ANSWER The g. has total control of the militia. The g. may use this power in virtually ANY way it sees fit. It can do anything or nothing with this power, EXCEPT it may not, on pretext of properly governing the militia, disarm the people. It cannot, for example, pass a law that says "In order to govern the mil., we require all citizens to deposit their guns at this here federal armory." I owe this excellent analysis to an article by Nelson Lund, I believe, in National Review. So, because the fed may indeed ignore the mil as it sees fit, I would say that state gun laws are still legal, until such time as the fed passes a law saying all those who want to be armed in anticipation of mil service shall be armed.
PHILO ANSWER
The only thing better than seeing the law work in my favor the way it was intended would be to see the law work in my favor in an underhanded way. NOTHING would make me happier than for the fed gov to overstep its bounds and come up with some crazy, loopy interpretation ensuring my rite to guns. The crazier and loopier it is, the more painful it is for the filthy piece of shit libs who ALWAYS get crazy, insane, loopy interpretations to get what they want. Think about it -- a lib wakes up one day to see that the SC says the 2nd amend makes fed gun laws illegal. The lib knows deep in his heart that this is probably true, so he lives with it. Think how beautiful it would be, on the other hand, if the SC came up with some insane, wholly corrupt nonsense about how state gun laws were no good because the moon is in the seventh house while the interstate commerce clause was rescinding in the 15th amendment. The rage at being blatantly ripped off would be bitter indeed. Sort of like the rage I feel when I am told that the 2nd amend reads only that "Militias are acceptable."


324 posted on 11/10/2004 3:39:49 PM PST by RayStacy
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To: RayStacy
Man, why go through such contortions?

You have Article I Section 8 regarding the Militia, you have "shall not be infringed", and you have P's&I's which are guaranteed against State infringement.

If you can't find an individual RKBA in the Constitution, then it's because you choose not to, IMO.

326 posted on 11/10/2004 3:58:20 PM PST by Ken H
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