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To: RKV
10 USC 311 is current law of the land. Basically, if you are a male, aged 17-45 your are already legally a member of the militia. Fortunately for us old guys, its a right of the people, not a right of the militia.

And the Dems can't get rid of it, because this clause is the only thing that would permit the Draft

There is nothing in the Constitution about the Draft. There is only the authority to bring the militia into Federal Service. No militia = no "Selective Service"

60 posted on 08/12/2007 1:42:01 PM PDT by SauronOfMordor (Open Season rocks http://www.youtube.com/watch?v=ymLJz3N8ayI)
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To: SauronOfMordor

Yeah, that’s what I think too. Of course, IANAL.


61 posted on 08/12/2007 3:19:24 PM PDT by RKV (He who has the guns makes the rules)
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To: SauronOfMordor

Considering that they won’t truly let militia members exercise that right (you can’t buy an M4), might the draft be invalidated then? They want you to fight and die for your country, but won’t let you get tools to train with on your own well before service is compelled.


62 posted on 08/12/2007 5:59:28 PM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
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To: SauronOfMordor; y'all
There is nothing in the Constitution about the Draft. There is only the authority to bring the militia into Federal Service.

Calling up the militia as per Article I Section 8 is in effect a draft, and its necessity is explained by the opening lines of the 2nd, -- a militia being '-- necessary to the security of a free state, --".

67 posted on 08/13/2007 6:36:05 AM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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