Second Amendment grammar -- the Framers parsed it one way, but will the Supreme Court agree with their analysis? (UNCLASSIFIED)

Dave Wilton dave at WILTON.NET
Wed Mar 19 14:29:19 UTC 2008


But as the meaning of the Second Amendment is a legal question being brought
before the Supreme Court, the legal status of the National Guard is
paramount.

In the eyes of the law, the National Guard is a state militia.


-----Original Message-----
From: American Dialect Society [mailto:ADS-L at LISTSERV.UGA.EDU] On Behalf Of
James Smith
Sent: Wednesday, March 19, 2008 7:23 AM
To: ADS-L at LISTSERV.UGA.EDU
Subject: Re: Second Amendment grammar -- the Framers parsed it one way, but
will the Supreme Court agree with their analysis? (UNCLASSIFIED)

As you say, "at least legally".  When in the Nat'l
Guard, I had no delusions as to where the money came
from and who pulled the strings.  But then, I was in
an artillery battery; our state's Nat'l Guard MP
battalion was probably a lot more serviceable to the
Governor.


--- Dave Wilton <dave at WILTON.NET> wrote:

> No, exactly the opposite is the case, at least
> legally. The US Constitution,
> Article I, Section 8 states, in part, that the US
> Congress has the power to:
>
> "To provide for calling forth the militia to execute
> the laws of the union,
> suppress insurrections and repel invasions;
>
> "To provide for organizing, arming, and
> disciplining, the militia, and for
> governing such part of them as may be employed in
> the service of the United
> States, reserving to the states respectively, the
> appointment of the
> officers, and the authority of training the militia
> according to the
> discipline prescribed by Congress".
>
> The commanders in chief of the National Guard are
> the governors of the
> separate states and it is only under limited
> circumstances that they are
> called up for federal duty. States are also able to
> create their own defense
> forces that are not subject to federal duty; I don't
> think any state's
> currently do this, but I can't say for sure.
>
>
> -----Original Message-----
> From: American Dialect Society
> [mailto:ADS-L at LISTSERV.UGA.EDU] On Behalf Of
> James Smith
> Sent: Tuesday, March 18, 2008 7:50 AM
> To: ADS-L at LISTSERV.UGA.EDU
> Subject: Re: Second Amendment grammar -- the Framers
> parsed it one way, but
> will the Supreme Court agree with their analysis?
> (UNCLASSIFIED)
>
> Both points well taken.  However, the National Guard
> is basically an extension of the federal government;
> the feds train, arm, supply, and provide most of the
> funding for the Nat'l Guard.  Under some
> circumstances, individual state governors exercise
> limited command, subject to federal oversight.
>
> No one in the National Guard supplies their own
> arms.
> (Although I think it is noteworthy that the Battle
> of
> Lexington and Concord was precipitated by British
> forays to capture militia supplies rather than any
> attempt to disarm individuals.)
>
> Millions who "bear arms" are under no type of "good
> order".
>
>
> --- "Mullins, Bill AMRDEC"
> <Bill.Mullins at US.ARMY.MIL>
> wrote:
>
> > Classification:  UNCLASSIFIED
> > Caveats: NONE
> >
> > "Well-regulated" is also subject to historical
> > misinterpretation.  At
> > the time of its writing, it probably meant "in
> good
> > order" or something
> > like that.  It likely didn't mean that it was a
> > militia subject to a
> > number of formal regulations
> >
> > > -----Original Message-----
> > > From: American Dialect Society
> > > [mailto:ADS-L at LISTSERV.UGA.EDU] On Behalf Of
> > Jonathan Lighter
> > > Sent: Monday, March 17, 2008 5:27 PM
> > > To: ADS-L at LISTSERV.UGA.EDU
> > > Subject: Re: Second Amendment grammar -- the
> > Framers parsed
> > > it one way, but will the Supreme Court agree
> with
> > their
> > > analysis? (UNCLASSIFIED)
> > >
> > > ---------------------- Information from the mail
> > header
> > > -----------------------
> > > Sender:       American Dialect Society
> > <ADS-L at LISTSERV.UGA.EDU>
> > > Poster:       Jonathan Lighter
> > <wuxxmupp2000 at YAHOO.COM>
> > > Subject:      Re: Second Amendment grammar --
> the
> > Framers
> > > parsed it one way,
> > >               but will the Supreme Court agree
> > with their analysis?
> > >               (UNCLASSIFIED)
> > >
> >
>
--------------------------------------------------------------
> > > -----------------
> > >
> > > It is difficult to argue that the present
> National
> > Guard is
> > > _not_ "a well-regulated militia."  Just what
> that
> > > interpretation may mean to the import of the
> > amendment I
> > > leave to others.
> > >
> > >   JL
> > >
> > > James Smith <jsmithjamessmith at YAHOO.COM> wrote:
> > >   ---------------------- Information from the
> mail
> > header
> > > -----------------------
> > > Sender: American Dialect Society
> > > Poster: James Smith
> > > Subject: Re: Second Amendment grammar -- the
> > Framers parsed
> > > it one way, but will the Supreme Court agree
> with
> > their analysis?
> > > (UNCLASSIFIED)
> > >
> >
>
--------------------------------------------------------------
> > > -----------------
> > >
> > > My question is: when are they going to get
> around
> > to
> > > organizing this well-regulated militia? It's
> been
> > two-hundred years!
> > >
> > >
> > >
> > > James D. SMITH |If history teaches anything
> South
> > SLC, UT |it
> > > is that we will be sued
> jsmithjamessmith at yahoo.com
> > |whether
> > > we act quickly and decisively
> > > |or slowly and cautiously.
> > >
> > >
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>
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> > > The American Dialect Society -
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> > >
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------------------------------------------------------------
> > > The American Dialect Society -
> > http://www.americandialect.org
> > >
> > >
> > Classification:  UNCLASSIFIED
> > Caveats: NONE
> >
> >
>
------------------------------------------------------------
> > The American Dialect Society -
> > http://www.americandialect.org
> >
>
>
> James D. SMITH                 |If history teaches
> anything
> South SLC, UT                  |it is that we will
> be sued
> jsmithjamessmith at yahoo.com     |whether we act
> quickly and decisively
>                                |or slowly and
> cautiously.
>
=== message truncated ===


James D. SMITH                 |If history teaches anything
South SLC, UT                  |it is that we will be sued
jsmithjamessmith at yahoo.com     |whether we act quickly and decisively
                               |or slowly and cautiously.



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