User Panel
User Panel
User Panel
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Posted: 1/24/2001 4:19:49 AM EDT
[#1]
Thats our side of the arguement now.
Since the NG is under federal callup, they can't be constued as a militia according to the constitution. I like it. I guess that makes "us" the militia. Cool. Give me my Damn m203. |
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Posted: 1/26/2001 4:17:58 PM EDT
[#2]
The national guard did not exist when the second amendment was written nor did they talk about forming one either.
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Posted: 1/26/2001 4:26:09 PM EDT
[#3]
There has always been organized and unorganized militia. Organized militia is in units commissioned by the various states. Texas Army National Guard is just one Texas militia and is of the organized variety.
Any militia can be called to federal service, which is why TXARNG has units in Kosovo. The unorganized militia is just that, unorganized. Individuals only. No units. No commissions. Includes most mails of voting age to retirement by law and The People by extension. Individuals cannot "form" militias without commissions from the governor who must commission their officers and units. A club of individual members of the unorganized militia does not make a legal militia unit. Militia is not limited to defense of home territory. |
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Posted: 1/26/2001 5:02:56 PM EDT
[#4]
militia are citizens not govt employees. i know that title 10 section 311 of u.s.code defines the national guard as organized militia. the 1st and 2nd amendment gives the citizens the right to "form" militia. 1st=assembly 2nd=weapons. the founding fathers defined militia as being the whole people. organized,unorganized. and reserve militia which were the older and younger people. the last line of natl. defense. if we must get permission to resist tyranny from government then whats the point. please flame me
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Posted: 1/26/2001 5:04:37 PM EDT
[#5]
....also check out the u.s. vs miller case. an interesting read [@:D]
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Posted: 1/26/2001 5:50:57 PM EDT
[#6]
No flame here, Major Murphy!
"A militia when properly formed are in fact the people themselves and include all men capable of bearing arms. To preserve liberty it is essential that the whole body of people always possess arms and be taught alike, especially when young, how to use them." Richard Henry Lee Nothing ambiguous about that! The Framers of the Constitution defined the militia as citizens. The current concept that the National Guard makes up the militia has no Constitutional basis. It is only based on US Gov't "code". |
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