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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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To: PhilipFreneau
If the court had taken a close look at the validity of Miller's claim that he was in the militia

Stop begging the question. Produce the alleged claim.

289 posted on 07/30/2006 6:58:54 AM PDT by Mojave
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To: PhilipFreneau
"If the court had taken a close look at the validity of Miller's claim that he was in the militia"

They didn't. They never go that far.

That wasn't the issue facing the U.S. Supreme Court. The National Firearms Act of 1934 (which taxed Miller's shotgun) was being challenged as violating the second amendment. The question before the U.S. Supreme Court was if the weapon in question was used by the state Militia. They remanded it back to the District Court to make that determination.

"will reveal that Madison was referring to every man of militia age (over 17) capable of bearing arms."

Instead of reading Federalist Paper #46, the U.S. Supreme Court would have read The National Defense Act of 1916 which "transformed the militia from individual state forces into a Reserve Component of the U.S. Army - and made the term "National Guard" mandatory."

295 posted on 07/30/2006 7:15:02 AM PDT by robertpaulsen
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