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- Path: sparky!uunet!stanford.edu!ames!lll-winken!wyrm!UUCP
- From: Terry.Preston@f207.n914.z8.rbbs-net.ORG (Terry Preston)
- Newsgroups: sci.skeptic
- Subject: The 2nd amendment- part 2
- Message-ID: <721923838.4@wyrm.rbbs-net.ORG>
- Date: 11 Nov 92 07:04:02 GMT
- Sender: UUCP@p0.f201.n914.z8.rbbs-net.ORG
- Lines: 82
-
- <Continued from previous message>
-
-
- TC>US v. Verdugo-Urquidez (1990)
-
- TC> Case is about unreasonable search and seizure. In clarifying
- TC> what is meant by the phrase "the people" as it relates to
- TC> Fourth Amendment, the Court said that it has the same meaning
- TC> as it does in the First, Second, Ninth and Tenth Amendments,
- TC> that is, the individual citizen.
-
- The case asks whether or not the Constitution's protections governing
- search and seizure apply to someone kidnapped by U.S. agents outside of
- the country and brought before a U.S. court. The defendant challenged
- this action, claiming in support of his claim that the kidnapping was
- illegal that the liberal use of the phrase "the People" in the U.S.
- Constitution should not be construed to include only those directly
- under the Constitution's jurisdiction. The court disagreed, and ruled
- against the defendant.
-
- In summary, the court's holding in this case concerned the meaning of
- what class of person can claim constitutional protection. It did not
- define what those protections were concerning the Second Amendment.
-
- TC>Miller v. Texas
-
- TC>Patsonne v. Pennsylvania
-
- Neither of these cases have cites. Any legal researcher with walk-
- around sense knows that cases without cites mean nothing. If you have
- cites available, I am willing to review these two cases as well.
-
- TC>Presser v. Illinois (1886)
-
- There is no case decided by the U.S. Supreme Court in 1886 with this
- name. Again, if you have a full case cite or a correct year, I'll be
- willing to review.
-
- TC>Perpich v. Massachusetts states that the National Guard is not
- TC>part of the militia, but rather a branch of the organized Federal
- TC>Army.
-
- It doesn't say this at all. 'Perpich' states that the Constitution
- grants Congress authority to determine how the National Guard can be
- trained. It does not say that the Guard isn't part of the 'militia'.
-
- Speaking of the militia ...
-
- TC>In addition, United States Code Title X specifically identifies
- TC>the militia as "all males between the ages of 17 and 45"
-
- This is Title X section 311, to be exact. You have quoted the relevant
- part of subsection (a). Subsection (b) states:
-
- - The classes of the militia are -
-
- The organized militia, which consists of the National Guard and the
- Naval Militia; and
-
- The unorganized militia, which consists of the members of the militia
- who are not members of the National Guard or the Naval Militia
-
- This section was adopted in 1916, and following code sections grant the
- government the power to conscript the militia into the regular armed
- forces. Putting on my historian's hat for a minute, I'd say that the
- federal government, conscious of the cold reception conscription had
- received in some quarters in the past, and the large peace faction in
- the present, was laying the legal foundation for mass conscription
- should war break out with Germany. By initially defining all draft-age
- men as 'militia', Congress was in effect using the spirit of the Second
- Amendment to constitutionally justify conscription. Congress could then
- say, "We're not impressing people, we're just calling out the
- militia".
-
- Also, if Perpich v. Massachusetts holds what you say it holds, then
- Perpich appears to be invalidating this section.
-
- <Continued to next message>
-
- * DeLuxe 1.21 #11899 *
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- * Origin: The Skeptic's Board in San Mateo - Bay Area Skeptics (8:914/207)
-