On Sat, 27 Nov 2004 17:09:05 -0500, "Ed Huntress"
wrote:


Wrong. It makes no mention of them at all. It therefore defaults to the
states, or to the federal government, depending upon the time period you're
talking about and the particular authority you mean.

Wrong again..have you forgotten the 10Th Amendment?

"powers not granted to the United States were reserved to the States
or to the people."

Since the States were not mentioned as sole controllers of the
militias...nor was the Federal government, and both the States and the
Federals could draw on the militia...it would appear the militia is a
pool under no ones organization. It is is in the perview of the States
to pick officers, and to provide training, but thats pretty much it
until it is called to action.


It's been that way since the Revolution, before there was a Constitution.
Then the Militia Act of 1795 began to clarify it. There is plenty of case
law and history to support the point.

The Militia Act of 1795 also required that each State enroll every
person between the age of 18 and 45 in the militia and to provide
training and musters. Since that has fallen by the wayside, it would
appear that the States have no interest in the militia per se, and
then the duty would fall back on the individuals as desired.

But you won't find any authority, anywhere, for an "organized, unorganized
militia." g The states treated an unauthorized paramilitary organization
as an insurrection. In a couple of cases, they called out the militia to
supress it. d8-)

The States treated an unauthorized paramilitary organization in
rebellion or revolt, or in violation of the laws of good order as an
insurrection. And indeed they called out the rest of the militia to
repair the criminal or rebellious actions, not the formation of said
unauthorized militia.

The various Colorado mining strikes are of particular example.


Gunner

Ed Huntress




Come shed a tear for Michael Moore-
Though he smirked and lied like a two-bit whore
George Bush has just won another four.
Poor, sad little Michael Moore

Diogenes