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To: djf
The court must decide in Heller whether the Second Amendment secures a right for individuals to keep and bear arms or merely grants states the power to arm their militias, the National Guard.

The National Guard is not a militia in the usage of the Constitution. Although articles on the history of the National Guard say that it has been around for 370 years, it did not, as an organization, exist at the time the Constitution was written.
The term 'National Guard' was first adopted by a New York militia unit in 1825 to honor the Marquis de Lafayette, hero of the American Revolution and former commander of the Guarde Nationale de Paris during the French Revolution.
And although individual states' militias may have been transformed into more independent, self-perpetuating organizations receiving state funding that were later known as the "National Guard", it doesn't follow that that is what the Constitution is referring to as the "militia" because the Constitution was written before any such later developments.
112 posted on 02/20/2008 12:01:39 AM PST by aruanan
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To: aruanan

But the Constitution wasn’t referring to the present-day National Guard, because the National Guard is a federal entity. The militia is still the greater part of the people at large, except for politicians.


164 posted on 02/20/2008 10:05:06 AM PST by wastedyears (This is my BOOMSTICK)
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