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Reply #11: Where in the Constitution does it say that States get Militia? [View All]

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Man_in_the_Moon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-13-03 03:55 PM
Response to Reply #9
11. Where in the Constitution does it say that States get Militia?
I see in Article 1 sec 8, that the Congress has the power to call forth the Militia, and to see to its organization, discipline and arming.

I see that the States are required to train the Militia at the Direction of Congress.

The only Power over the Militia of the United States that it appears the individual states has is the appointment of Officers by the Governor.

I also see that in Sec 10 that States are barred from keeping Troops.

I also see no context in the Second Amendment that says that the States get a Militia.

I do see in the Second Amendment a phrase that says 'the Right of the People to keep and bear Arms shall not be infringed'. Seems that if the Founding Fathers had meant for that phrase to mean that the States got Militias they would have been much more clear.

I would say that any intelletually honest approach to the Constitution (Including the Bill of Rights) would have to say that the People have the Right to keep and bear Arms, and the States have little to do with the Issue.
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