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To: supercat
"If the right to belong to a militia isn't a fundamental right, why would those issues come into play?"

You cannot take Bob's guns and let Joe have his without equal protection and due process issues.

"I'm trying to figure out, under your interpretation, exactly who is guaranteed the right to keep and bear arms."

Everyone has the right. We're discussing the second amendment and who it protects.

"It would seem that under your interpretation, given that Congress seems to be able to define militia membership as it sees fit"

Yep. That's how we got the National Guard.

"You seem above to dispute Congress' authority to define militia membership arbitrarily"

Yes I do.

"I'm curious as to what constraints you think apply."

Constitutional constraints.

"Equal Protection is a 14th Amendment construct, mainly applicable to the states. Due Process wouldn't apply, since membership in a militia doesn't seem to qualify as "life, liberty, or property'

If a law arbitrarily excluded an individual, it would fail to comply with 5th amendment procedural due process and an implicit guarantee that each person receive equal protection of the laws.

"and yet they don't seem to forbid sheriffs from restricting concealed-carry licenses to their "preferred" people?"

Are you saying this is being done above-board and legally?

184 posted on 03/17/2008 8:02:49 PM PDT by robertpaulsen
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To: robertpaulsen
"and yet they don't seem to forbid sheriffs from restricting concealed-carry licenses to their "preferred" people?"

Are you saying this is being done above-board and legally?

Yes, that's precisely what I'm saying.

185 posted on 03/18/2008 4:02:40 PM PDT by supercat
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