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To: longtermmemmory

Nope. Cites are fine. Note the use of the words “people at large.” No select militia there (e.g. National Guard). Further note ...

“All able bodied men, 17 to 45 of age, are ultimately eligible to be called up into military service and belong to the class known as the Reserve Militia, also known as the unorganized militia. Able bodied men who are not eligible for inclusion in the unorganized militia pool are those aliens not having declared their intent to become citizens of the United States (10 USC 311) and former regular component veterans of the armed forces who have reached the age of 64 (32 USC 313). All female citizens who are members of National Guard units are also included in the unorganized militia pool (10 USC 311).”

http://en.wikipedia.org/wiki/Militia_(United_States)#The_reserve_militia.2Funorganized_militia


10 posted on 08/09/2007 6:36:59 PM PDT by RKV (He who has the guns makes the rules)
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To: RKV

BTW 10 USC 311 is current law of the land. Basically, if you are a male, aged 17-45 your are already legally a member of the militia. Fortunately for us old guys, its a right of the people, not a right of the militia.


12 posted on 08/09/2007 6:39:32 PM PDT by RKV (He who has the guns makes the rules)
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To: RKV

Just being devils advocate because con law professors in law school used to twist those types of quotes in the same way.

Hopefully the advocates for the second amendment will deal with that head on.

Remember the USSC law clerks for the Justices will be those younger fresh legal minds full of mush.


14 posted on 08/09/2007 6:49:57 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: RKV
All female citizens who are members of National Guard units are also included in the unorganized militia pool (10 USC 311).”

Actually they are part of the organized militia. However the parties to a contract cannot define the terms of the contract *after* the contract is written, thus the term "militia" means what it meant September 25, 1789 when the First Congress passed the Bill of Rights to be sent to the sates, and until December 15, 1791 when they were declared ratified. However the the Militia Act of 1972 does tell us what Congress thought the militia was. The states may have, and in fact *do* have different definitions. Texas defines it thusly:

Title 4 § 431.001. DEFINITIONS. In this chapter:

(1) "Reserve militia" means the persons liable to serve, but not serving, in the state military forces.

(2) "State militia" means the state military forces and the reserve militia.

(3) "State military forces" means the Texas National Guard, the Texas State Guard, and any other active militia or military force organized under state law.

(4) "Texas National Guard" means the Texas Army National Guard and the Texas Air National Guard.

§ 431.081. PERSONS SUBJECT TO MILITARY DUTY; PERSONS NOT ELIGIBLE TO ENLIST.

(a) A person is subject to military duty if the person is:

(1) able-bodied;

(2) a citizen or a person of foreign birth who has declared an intent to become a citizen;

(3) a resident of the state;

(4) at least 18 and not more than 60 years of age; and

(5) not exempt under Subsection (b) or (c) or United States law.

However all that really doesn't matter, the Constitution says "the right of the people not right or power of the militia, or power of the states. Militia service is a duty, not a right, keeping and bearing arms *is* a right, a right of the people. Texas' state constitution terms it a right of the citizen and they aren't protecting their own militia against being disarmed by itself.

Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State;...".

26 posted on 08/09/2007 9:18:47 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: RKV

Bear in mind that the second amendment refers to a “well organized” Militia, not an unorganized militia. That’s not to say that a state cannot protect the RKBA of the unorganized militia — they can and do.


35 posted on 08/10/2007 5:18:25 AM PDT by robertpaulsen
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