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 --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Memphis Freethought Alliance" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/memphisfreethoughtalliance?hl=en -~----------~----~----~----~------~----~------~--~---
