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To: PhilipFreneau
"The court never questioned Miller's assertion that he was in the militia. They only questioned the validity of a sawed-off shotgun as a militia weapon."

As I said, the U.S. Supreme Court never got that far. The Miller decision agreed that only military type arms are constitutionally protected. They remanded the case back to the lower court to make the determination if this shotgun was or was not a weapon that a Militia would use.

279 posted on 07/30/2006 4:53:44 AM PDT by robertpaulsen
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To: robertpaulsen

>>>As I said, the U.S. Supreme Court never got that far.<<<

If the court had taken a close look at the validity of Miller's claim that he was in the militia, hopefully they would have read and Federalist Paper #46 where Madison estimated the militia size in that day to be approximately half-million citizens. A quick comparison with the population of that day (a little over 3 million) will reveal that Madison was referring to every man of militia age (over 17) capable of bearing arms.



287 posted on 07/30/2006 6:50:05 AM PDT by PhilipFreneau
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