The National Guard is national.  Isn't it pretty much controlled by
the national government even are used to fight foreign wars.  I think
the argument for protection from a dictatorship of a national
government still applies.

On Oct 24, 4:17 pm, Aaron <[EMAIL PROTECTED]> wrote:
> "A well regulated Militia, being necessary to the security of a free
> State, the right of the people to keep and bear Arms, shall not be
> infringed." US Constitution, Amendment II
>
> We all know the story behind this contentious bit of legalese.  The
> republic's first generation was worried about a nationalized, standing
> army.  For all they knew, the President would become a dictator or
> Congress would enslave the States.  The compromise was to protect the
> State militias.  It was hoped that the militias would balance a
> national army.  Hence, the Second Amendment.
>
> Fast forward 200 years.  We have a very advanced, nationalized,
> standing military that conducts operations all over the world.  The
> State militias have evolved into the National Guard.  So, how does
> that affect the Second Amendment?  Does Joe the Plumber have a
> constitutional right to own a handgun?
>
> The Supreme Court has said precious little about this, but the Court
> has always tied gun ownership to the militia clause.  Until this
> summer, that is.  The Court ruled (5-4) that an individual's right to
> own a gun did not derive from a need for State militias, as had always
> been thought.  Rather, the right to "bear arms" was an independent,
> pre-existing right.  All that militia stuff was just a comment - just
> one reason to protect the individual's right to own a gun.
>
> The other judges called "bullshit!"  The Second Amendment has always
> been about militias.  Past Court decisions have always affirmed that
> connection, and even if the Constitution does prevent *Congress* from
> outlawing guns, the text clearly gives regulatory rights to the
> States.  Or so they say.
>
> What do you say?
>
> Aaron
>
> http://www.supremecourtus.gov/opinions/07pdf/07-290.pdf
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