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To: xzins; Jim Robinson; Jerry_M; OWK; Lurker
Position statement says: 11.5 U. S. armed forces should be all-volunteer AND 11.6 Military draft registration should be eliminated... I believe these are in conflict with the congressional power in the Constitution to call out the militia and the presidential power to command that militia. The militia, by law, is the armed citizenry. (An important issue in the gun debate.)

The Militia is, by definition, the voluntarily armed citizenry.

The Quakers have abdicated their Fatherly responsibility before God in their refusal to take up Arms in defense of their Families, but I tend to feel that they should have to answer to God for that, not the Government. The Government should not enjoy the Power to contravene the Quakers' "religious freedom" to behave like godless pacifists.

Rather, the Militia is itself a Voluntary institution, composed only of those who Volunteer to undertake their Godly Responsibilities to defend home and hearth -- and it is this "militia" which Congress constitutionally enjoys the Power to call up in time of War.

Of course, this would make it very difficult to wage Offensive Foreign Wars, as perhaps 90% of the USA's potential Military manpower might well refuse to Volunteer to "defend" Kosovo Albanian Islamofascists. By contrast, Defensive Domestic Wars would likely enjoy a 90% Volunteer ratio -- 9 out of 10 Citizens might not volunteer to defend Albania, but only perhaps 1 out of 10 Citizens would not volunteer to defend against a direct assault on their own Homeland.

70 posted on 07/25/2002 3:22:10 PM PDT by OrthodoxPresbyterian
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To: OrthodoxPresbyterian
I read, somewhere the other day, an early American discussing a standing army. His objection, besides the abuse we suffered under the British troops, was that it was insulting to Americans, being supposed cowardly enough not to come to their own defense.
71 posted on 07/25/2002 3:35:24 PM PDT by toenail
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To: OrthodoxPresbyterian
"...contravene the Quakers' 'religious freedom' to behave like godless pacifists."

As far as I can tell, they're NOT behaving like "godless pacifists." They're behaving like God-fearing pacifists. (Some folks take "Thou shalt not kill" literally.)
72 posted on 07/25/2002 3:36:21 PM PDT by Mark Bahner
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To: OrthodoxPresbyterian
Art 1 (legislative), Sec 1: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Art 2 (executive), Sec 2: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

The issue for me isn't what should be. The issue for me is the above language in the constitution.

I'm no constitutional scholar, but I don't see anything about the militia being voluntary in the language. While I might want it there, I don't see it there. That absence of language seems to grant definitional power to the several states from whom the militias will be called out.

Here are the other appearances of "militia" in the constitution. Again, I see no language that says the militia is voluntary.

The fifth amendment says no one can be deprived arbitrarily of "liberty." All that's required to actually deprive one of liberty is "due process of law." The clause indicates it's speaking of criminal proceedings, however.

Art. 2, Sec 8 -- To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Amendment II - Right to bear arms. Ratified 12/15/1791. Note A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment V - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

74 posted on 07/25/2002 4:30:55 PM PDT by xzins
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