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Old July 18, 2010, 04:44 PM   #43
Tennessee Gentleman
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Join Date: March 31, 2005
Location: Tennessee
Posts: 1,775
Quote:
Originally Posted by Antipitas
Finally, in 1990, the State Governors lost all control of "their" Guard in Perpich v. Dept of Defense, 496 U.S. 334. The writing was on the wall, long before this, however.
Actually, the states NEVER had total control over their militias as Article One Section Eight gave Congress the power to call it forth. This power superceded that State Control and that was unprecedended and scared the anti-federalists so the militia clause of the 2A gave the states the power to arm their militias in case the Fed didn't.

Quote:
Originally Posted by Antipitas
the argument is that the National Guard is not the citizen-militia of the States.
I would argue that the NG replaced the state militias (Which is what the COTUS refers to in the 2A and Article One) and the states as of today have not "backfilled" those militias unless you consider these tepid "State Defense Forces" to be such and I do not.
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