Sorry, it is a deceptive header, but I got suckered in by the headline too.

[url]http://dailynews.yahoo.com/h/ap/20011102/us/attacks_west_coast_7.html[/url]

Yeah, that is a deceptive header.

Someone needs to point that out to the pointy headed reporter.

They are "restricting access" to the Tacoma Narrows bridge this afternoon, as well with the state patrol.

I'm glad I worked from home today - not so much from fear of an attack on the bridge, but the PITA that "restricted access" would be on the commute home!

National Guard is not the Militia

IM
actually there are two classes of militia.  The select militia, which the National Guard is and the unorganized militia which is what you are referring to.

Whats that old saying, if you tell a lie often enough, it will eventually become the truth.

Or something like that.

Waterdog

There are NOT two classes of militia.

Any individual or unit that can be called up for federal service is not part of the "militia."

The Constitution makes a clear distinction between the armed services and the "militia."

Therefore, because every individual, unit, or piece of equipment in the National Guard can be called up for federal service under the Commander-in-Chief, NO individual, unit, or equipment in the National Guard is part of the "militia."

Period.

Don't believe me? Read the Constitution again.

You might want to read the consitution again here are the only times the militia are mentioned

Art 1, Section 8

"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

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;"

Art 2, Section 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."

and in our favorite ammendment

"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."

If you look at the federal code in relation to the military it refers to reserve forces as "select reserves or militia"  so before you cite info, please know what you are talking about otherwise you do look less than intelligent.

Excuse me for being the moron that I am. After reading the Bill of Rights, I made the ridiculous assumption that the authors made clear distinctions between the three bodies politic (The United States, the States, and the people) and the military sub-groups (the Army, the Navy, and the Militia).

Since various amendments mention the different groups according to rights and responsibilities, and declare the Army and Navy to be separate entities from the Militia while closely associating the Militia with the States and the people, I concluded that the Militia, was, in fact, a military arm of the States and the people, not the federal government (the United States).

What a dipshit I am.

Well the only mention in the bill of rights, about the militia or military is:

The 2nd amendment, in the famous well regulated militia.  

The 5th amendment in which the militia when called to government service (apparently contradicting your claim that militia cannot be called to government service) can be held for crimes without a grand jury.

The 3rd amendment prohibiting the quartering of troops.


Also if you do read the constitution, you will notice that congress sets the regulations that control the militia, hence the UCMJ would apply to militia members, that means if you want to take the tac that all men are members of the militia than you all fall under the UCMJ.

So again I guess your self assessment is rather accurate and you reading things that aren't there and ignoring those that are clearly stated.

Correct me if I am reading your post wrong, but the Constitution actually says the States have the power to decide when and if the Militia is to be used.

"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..."

Hmmmm

I really must be a dumbass, reading things that aren't there...

The last time I checked, the Nation Guard doesn't get to "Keep and Bear" anything except their uniform.

Good point. The arms are not their own and if they attempted to "keep" them, they'd be thrown in the brig.

Da Millisha mus be da Nashunel Gourd. Da Consitooshun sez so.

No the only thing that portion states about the militia is the states can train them in the manner they see fit as long as it fits within the guidelines prescribed by congress.  And states can appoint their own officers, it even stated that congress has the power "calling forth the Militia to execute the Laws of the Union."