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Politics : Impeach George W. Bush

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To: TigerPaw who wrote (5027)7/17/2001 3:02:59 PM
From: TimF  Read Replies (3) of 93284
 
The preamble says nothing about any limits. It makes no mandates or prohibitions of limitations of any kind. As a matter of plain English usage it doesn't modify the 2nd clause of the amendment. There may be the normal limits on time and place like their can be on speech despite the first ammendment. Even if you are of the opinion that the active clause of the amendment should be effected by the rhetorical statement of the first part there is nothing in "A well regulated Militia, being necessary to the security of a free State" that imposes a limit on the right to a milita. If that was their intention the ammendment could have said "the right of the milita to keep and bear arms shall not be infringed, or "the federal government shall place no limit on the rights of states to form militas". Futhermore the militia of the day consisted of able bodied men with their own personal weapons. By current law any male adult US citizen between 17 and 45 (with certain exceptions) and any female officers of the National Guard are members of the Militia.

United States Code (USC)



TITLE 10--ARMED FORCES



Section 311. Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are commissioned officers of the National Guard.

caselaw.lp.findlaw.com

polyticks.com

So even if it the right to arms was limited to members of the milita (and it is not) many American men and some American women would have the right to keep and bear arms that are not part of the National Guard or any other offical military orginization of either the federal government of of any of the state governments.

Tim
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