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To: robertpaulsen
Women couldn't vote, but they could still own property. And yes, some even fought in the various wars. Same for freedmen blacks.

Further, men over 48 can still join the active militia, but are not subject to a militia call-up. Which again, in no way relates to "infringement" of their RKBA.

228 posted on 07/25/2006 10:54:47 AM PDT by Dead Corpse (It is not the oath that makes us believe the man, but the man the oath.- Aeschylus)
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To: Dead Corpse
It seems to me that Presser v Illinois clearly states that the 2nd Amendment is more than just a restriction on the power of the federal government. The court said that the militia clause also places a restriction on state and local governments. To wit:

Presser v. Illinois. USSC, 1886:

"It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the States, and, in view of this prerogative of the general government, as well as of its general powers, the States cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government."

The antis are eager to cite precedent whenever it suits their purpose, but they ignore it when it doesn't. IMHO in Presser the USSC set a pretty clear precedent for the 2nd Amendment's militia clause as a protector of the RKBA against violation by a state or local legislative body, but that precedent has been ignored by practically all 20th century federal courts. Although, if properly interpreted Miller doesn't contradict Presser at all. The court simply said that no evidence was presented to show that the firearm in Miller's possession had any utility as a militia weapon.

253 posted on 07/29/2006 7:17:52 AM PDT by epow (Proudly fighting on FR for truth , justice, and the last slice of leftover pizza since 1998)
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