#Bang Bang
07-Oct-94 00:17:21
Sb: #166500-#Bang Bang
Fm: Karl F. Kugel 72467,2474
To: Don Curtis/SYSOP 76703,4321
>That's it…that's the total mention of the Militia in the Constitution.
>and in *MY* opinion…clearly points to an organized and regulated group
>run by the state and having officers appointed by the state. Sounds like
>the National Guard to me.
Well, I think we've all addressed that National Guard issue elsewhere, but
there is an additional problem with interpreting the 2nd as though it
read: "A well regulated Militia, being necessary to the security of a
free State, the right of the States to maintain armed Militias shall not
be infringed." That problem is that it says something entirely different.
<G> Intentionally. The debates are preserved, you know, and the problem
is that the drafters were trying to identify and protect TWO separate
rights, the right to maintain militias and the individual right to keep
and bear arms.
Those persons who keep trying to say that the right applies ONLY to
militias have two pretty high hurdles to get over- the formulation "right
of the people" is used in both the 1st and 4th Amendments as clearly
referring to individual rights; and the fact that the Supreme Court has
consistently listed the right to keep and bear arms as one of the
"individual" rights protected in the Constitution.
-Karl