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Old February 28, 2009, 03:27 PM   #25
zukiphile
Senior Member
 
Join Date: December 13, 2005
Posts: 1,607
One of Scalia's virtues as a jurist is clarity. If he wanted to write that the militia doesn't exist, it would be within his ability to write that.

Quote:
Originally Posted by TennGent
We got rid of the militia and it exists no more.
This is incorrect, and has been demonstrated incorrect to this specific writer many times. One can only guess at the motivation for continuing to misstate the fact of the issue.

Quote:
Originally Posted by TennGent
The militia that existed in 1789 is no more and it's lineal descendant is the National Guard.
That is incorrect. The National Guard are analogous to the organised militia, not the militia.

Quote:
Originally Posted by TennGent
...the militia is no more because if they were they would have all the modern military weapons available to them which they do not today.
This incorrectly assumes that the population of the militia are defined by the arms they carry. This has never been so, and assuming that Scalia would indulge in such a poorly constructed rationale is hardly complimentary.
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