(no subject)
william guglielmi (wguglielmi@HOTMAIL.COM)
Tue, 27 Apr 1999 12:59:34 PDT
Ted,
I agree with you. The constitution does not require militia
service. The U.S. Code does and I quote:
"-CITE-
10 USC Sec. 311
01/26/98
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 13 - THE MILITIA
-HEAD-
Sec. 311. Militia: composition and classes
-STATUTE-
(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 members of the
National Guard.
(b) The classes of the militia are -
(1) the organized militia, which consists of the National
Guard
and the Naval Militia; and
(2) the unorganized militia, which consists of the members of
the militia who are not members of the National Guard or the
Naval Militia."
There is a world of difference between a constitutional mandate and a
US Code mandate.
YIS,
Bill
Bill Guglielmi
ASM, Troop 339
Tampa, FL
SR-272 (...a good old Eagle too...)
>From: Ted Burton <scouter@VALINT.NET>
>Reply-To: Ted Burton <scouter@VALINT.NET>
>To: SCOUTS-L@LISTSERV.TCU.EDU
>Date: Mon, 26 Apr 1999 17:59:36 -0700
>
>At 22:30 -0400 on 4/25/1999, Robert W. Silvis mailed :
>
>>If you were truly informed you would further know that our
>>constitution states that EVERY man between the ages of 18 and 65 is
>>required to be a member of a ready militia.
>
>I have searched the Constitution and its several amendments, the only
>things I find that mention 'militia' are the following:
>
>--------- begin quoted material ----------
>
> Article I of the Constitution of the United States:
>
>Section 8. The Congress shall have power
>
>[snip]
>
>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;
>
> Article II of the Constitution of the United States:
>
>Section 2. The President shall be commander in chief of the Army and
>Navy of the United States, and of the militia of the several states,
>when called into the actual service of the United States;
>
> Amendment II of the Constitution of the United States:
>
>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.
>
> Amendment V of the Constitution of the United States:
>
>No person shall be held to answer for a capital, or otherwise
>infamous crime, unless on a presentment or indictment of a grand
>jury, except in cases arising in the land or naval forces, or in the
>militia, when in actual service in time of war or public danger;
>
>--------- end quoted material -----------
>
>Therefor, Mr. Silvis, I am curious which part of the Constitution and
>its several amendments in your view requires that every man between
>the ages of 18 and 65 is required to be a member of a ready militia?
>And I note with renewed interest the statement "The Congress shall
>have power ... To provide for organizing, arming, and disciplining,
>the militia ..." which would seem to contradict those who believe any
>two or more citizens may declare themselves 'the militia.'
>
>
>Thanks for listening.
>
>Ted
>
>========================
>Asst Scoutmaster, District Committee, District Commissioner,
>Lewis-Clark Trails District, Inland Northwest Council 611, & 'a good
>ol' Fox too'; Es Kaielgu Lodge 311, Tseminicum Chapter, Vigil,
>mailto:scouter@valint.net ; and Macintosh fan. Take a look at
>http://www.valint.net/attorney/scouter.html
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