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Tue Jan 22, 2013, 04:51 PM

What The Constitution Explicitly Says About Militias [View all]

I wonder why this never comes up in discussions of what the Second Amendment meant by maintaining "a well-regulated militia.":

Article I, Section 8: Congress shall have the power:

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Er, seems to me that the Constitution defines "the militia" as a GOVERNMENT-founded, GOVERNMENT-trained, GOVERNMENT-armed, GOVERNMENT-run entity. That could be a federally organized entity or a state-organized entity.

What it is NOT is Gomer and Elmer sitting out in their deep-woods shack, armed to the teeth, with no connection to any federal or state entity defending against their own government coming after them.

In fact, it would seem to me that any militia that is NOT under direct government control would be a group that - if taking up arms against its own government - would be engaged in an INSURRECTION that the Constitution says the MILITIA would be called out to put down.

Am I wrong here?

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