Re: Kiddie exercises his right to bear arms

Don Homuth <[EMAIL PROTECTED]> wrote in message news:<[EMAIL PROTECTED]>...
> On 25 Nov 2003 12:55:21 -0800, [EMAIL PROTECTED] (lein)
> wrote:
> 
> >Don Homuth <[EMAIL PROTECTED]> wrote in message news:<[EMAIL PROTECTED]>...
>  
> >> There is no other with a Constitutional basis.
> >
> >The Unorganized Militia:
> >
> >http://www4.law.cornell.edu/uscode/10/311.html
> 
> Would you like the USSC reference that notes that the Unorganized
> Militia was a plan never put into effect?



It's no different than tax laws that provide specific benefits
to non-profits.  If no non-profits exercise that provision fo the law,
it doesn't mean the law is not in effect.



> 
> The Unorganized Militia does not exist.  Never has.  Isn't about to
> either.


It doesn't have to exist to be a legal entity.  It's mearly defined
in the law.

Just like a letter of Marque.  They don't exist either but it does't mean
they no longer exist.


> 
> There is no Constitutional Authority for the feds to pre-empt State
> control over the Militia.  There is nothing even hinted at such a
> thing in the FP's either.
> 
> The several States may form militias if they wish.  The TN militia is
> such an entity -- and it is Not subject to the Constitutional
> provisions within the body as to its arming, organizing, training,
> callup, etc.  Nor may it be called into the Service of the United
> States.
> 
> But those are not the Militia of the Constitution either.



Ummm, the 2nd Amendment is part of the Constitution.