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Old December 31, 2012, 07:58 AM   #5
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Join Date: November 16, 2008
Posts: 1,180
Again, the federal government was not permitted to raise a standing army, and the states, through the Senate, reserved to themselves the power to make war.
I suggest you read article I section 8:

Congress shall have the power...

To raise and support armies;
Congress has always had the power to raise a standing army. While most politicians of the day disfavored a standing Army the federal government was not prohibited from doing so.

Dangerous and unusual weapons was a line from Heller not Miller. And in my opinion the court mistated the common law prohibition. The common law prohibited the carrying of dangerous and unusual weapons in affray of the king's subjects. As noted by the North Carolina Supreme Court, in a case that I will gladly cite later, that all weapons are dangerous and the carrying of such are unusual but the mere carrying of a gun absent some intent to disturb the piece is no violation of the common law prohibition on carrying dangerous or unusual weapons. The common law prohibition is something akin to going armed with intent.
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