Reply #77: Sometimes one has to fight fire with fire...

[hansberrym]

or in the case of exclusively collective rights advocates (which I know you are not), one has to fight silliness with silliness.

As you say:
"Why do you suppose the National Guard is called the National Guard?
Because it was created to guard the nation!"

... *that* is just plain silly.



I suppose I should have placed a note that it was MEANT to be sarcastic and especially SILLY.


It was meant to underscore the utter SILLINESS of the "State Militia" argument. This line of argument relied on by the Ninth Circuit in Silveira asserts that the second amendment applies only to "state militias" which are "essentially under the control of the state governments". The silveira court identifies the National Guard as this militia, but obvously the National Guard is "essentially organized and under the control of the" federal government since a federal statute authorized its formation and the federal goverment can assume control whenever it wants to.

All the reasons you gave for the silliness of my tongue-in-cheek comment regarding the National Guard apply as well to the "state militia" argument. While the state governments exercise immediate (day-to-day) control of the national guard, the ultimate control and organizing authority is with the federal government.


When the Virgina militia act cited in Miller says

"the militia of the counties westward of the Blue Ridge, and the counties below adjoining thereto, shall not be obliged to be armed with muskets, but may have good rifles with proper accoutrements, in lieu there...."

I do NOT think they meant that each couny had its OWN militia that was essentially under the control of the county. It is obvious that this was a reference to the RESIDENCE of those milita. This is further supported by the federal militia act of 1792(excepted below).


It is the Silveira court that attempts to convince people that the
term "state militia" signifies ownership and control by the state govenrments, rather than the far more logical meaning suggested by your comments.

Note that there are documented proposals forbidding the the federal gov from "marching the militia out of thier own state".
That would mean (If one were to believe the Silveira court) that the state owns the militia AND the militia owns the state!!
An enigma wrapped inside a conumdrum?? (JUST KIDDING!!!!)





The Militia Act of 1792, Passed May 8, 1792, providing federal standards for the organization of the Militia.
An ACT more effectually to provide for the National Defence, by establishing an Uniform Militia throughout the United States.
I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of power and ball; or with a good rifle, knapsack, shot-pouch, and power-horn, twenty balls suited to the bore of his rifle, and a quarter of a power of power; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and ....