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To: D. Long who wrote (94431)1/9/2005 3:56:05 PM
From: Lane3  Read Replies (2) | Respond to of 793817
 
Militia
From Wikipedia, the free encyclopedia.

A militia is a group of citizens organized to provide paramilitary service. The word can have four slightly different meanings:

* an official reserve army, composed of non-professional soldiers;
* the police in Russia or East European countries under communist rule;
* the entire able-bodied population of a state, which can be called to arms against an invading enemy, or;
* a private, non-government force, not necessarily directly supported or sanctioned by the government.

In any of these cases, a militia is distinct from a national regular army. It can serve to supplement the regular military, or it can oppose it, for example to resist a military coup. In some circumstances, the "enemies" against which a militia is mobilised are domestic political opponents of the government, such as strikers. In many cases the role, or even the existence of a militia, is controversial. For these reasons legal restrictions may be placed on the mobilisation or use of militia.

<more>

en.wikipedia.org



To: D. Long who wrote (94431)1/9/2005 8:51:36 PM
From: Ilaine  Read Replies (1) | Respond to of 793817
 
I believe that is codified somewhere in the US Code.

As you know, the US Code cannot trump the Constitution.

My sense of the Second Amendment was that the right the founders wanted to preserve was an armed militia, and did not want a standing army. They specifically discussed the fact King James II disarmed the populace.

Take a look at the English Bill of Rights, enacted by Parliament in 1689, and assented to by William and Mary of Orange after they threw out King James II in the Glorious Revolution:

The 1689 Bill of Rights

An Act for declaring the rights and liberties of the subject and settling the succession of the crown.

WHEREAS THE LORDS SPIRITUAL AND TEMPORAL, AND COMMONS, ASSEMBLED AT WESTMINSTER, LAWFULLY, FULLY, AND FREELY REPRESENTING ALL THE ESTATES OF THE PEOPLE OF THIS REALM, DID UPON THE THIRTEENTH DAY OF FEBRUARY, IN 1689, PRESENT UNTO THEIR MAJESTIES THEN CALLED AND KNOWN BY THE NAMES AND STYLE OF WILLIAM AND MARY, PRINCE AND PRINCESS OF ORANGE, BEING PRESENT IN THEIR PROPER PERSONS, A CERTAIN DECLARATION IN WRITING, MADE BY THE SAID LORDS AND COMMONS, IN THE WORDS FOLLOWING:

Whereas the late King James the Second, by the assistance of divers evil counselors, judges, and ministers employed by him, did endeavour to subvert and extirpate the protestant religion, and the laws and liberties of this kingdom.

By assuming and exercising a power of dispensing with and suspending of laws, and the execution of laws, without consent of parliament.

By committing and prosecuting divers worthy prelates, for humbly petitioning to be excused concurring to the said assumed power.

By issuing and causing to be executed a commission under the great seal for erecting a court called, The court of commissioners for ecclesiastical causes.

By levying money for and to the use of the crown, by pretence of prerogative, for other time, and in other manner, than the same was granted by parliament.

By raising and keeping a standing army within this kingdom in time of peace, without consent of parliament, and quartering soldiers contrary to law.

By causing several good subjects, being protestants, to be disarmed, at the same time when papists were both armed and employed, contrary to law.


By violating the freedom of election of members to serve in parliament.

By prosecutions in the court of King's bench, for matters and causes cognizable only in parliament; and by divers other arbitrary and illegal courses.

And whereas of late years, partial, corrupt, and unqualified persons have been returned and served on juries in trials and particularly divers jurors in trials for high treason, which were not freeholders.

And excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subject.

And excessive fines have been imposed; and illegal and cruel punishments inflicted.

And several grants and promises made of fines and forfeitures, before any conviction or judgment against the persons, upon whom the same were to be levied.

All of which are utterly and directly contrary to the known laws and statutes, and freedom of this realm.
yale.edu