Re: Kiddie exercises his right to bear arms

On 26 Nov 2003 15:02:55 -0800, [EMAIL PROTECTED] (lein)
wrote:

>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.

Wrong.  The laws you cite do not claim to create an entity.

The Militia Act does.  

There is no Constitutional authority for such an entity, however.
None, anywhere.

Nor, if you think it through, do you really want there to be either.

>> 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.

Heh!  Have another hair to split.

There is no Unorganized Militia, and never has been.

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

New ones don't; old ones do.

Same observation applies.  The LoM involves permission for an act, but
does not create an entity.

>> 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.

And the Militia referred to therein is Precisely the same entity as in
Art 1(8)(15-16).

There is no other.