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Old March 26, 2013, 09:30 AM   #12
zukiphile
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Join Date: December 13, 2005
Posts: 1,659
Quote:
To build upon what Aquila and JimDandy have already written, the founders clearly intended for "The Militia" to be sanctioned and controlled by the government, which is why the Constitution gives control of the state militias to Congress and command of the militias to the President.
This sentiment appears to conflate "a militia" with "the Militia". "The Militia" is a defined population, not an organisation like the NG.

Congress is granted authority to call up "The Militia", but that doesn't confer upon it other additional authority to control that population.



In any event, noting congressional authority with respect to a defined population shouldn't suggest that the right described in the 2d Am. is limited to or dependent on membership in a statutorily defined population. It wouldn't make sense to have a fundamental right so vulnerable to routine legislation.
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