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Saturday, August 27, 2005

 

Reuters: Judge rules against pentagon, for Pa. National Guard - Aug. 27

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RumsfeldSecretary of Defense Donald Rumsfeld, left, is shown at a press briefing at the pentagon.
 
A federal judge ruled yesterday that the Pentagon had broken the law in seeking to close down the 111th Fighter Wing of the Pennsylvania Air Nation Guard without first obtaining the governor's approval.
 
Illinois has also sued the Pentagon over the plan and Missouri has threatened similar action, saying Rumsfeld had 'run roughshod' over states' Constitutional rights to run militias. 
 
Source: Reuters.

Comments:
Isn't it interesting that state governors are complaining that "states' Constitutional rights to run militias," as in the National Guard. For years the NRA has stated that having firearms was a right of all citizens so that militias could be formed and the National guard was not a state militia.

Both, I suppose, are leaning their claims on a 2nd Amendment that 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.

A little aside that complicates things even more has been ascribed to a letter from Thomas Jefferson while he was in France.

I quote:
That each state shall have a militia ready at need to defend their borders from any menace from indigenous tribes: An amendment should be put forth toward the right and responsibility of citizens on frontier areas to consistantly bear, and have the right to keep and bear arms, so as to subdue such tribes or make possible time for state militia to arrive. That such citizens
and state militia shall relieve the standing army of responsibilties in quelling aboriginal disturbances so that the army may keep all states free of foreign intervention.

Terry D. Barhorst
Moderator, Lone_Star_Democrats
 
I am not well-informed on 2nd amendment issues.

Interesting that Jefferson's justification for weapons/militias was to fight indigenous peoples.
 
I'm trying not to take sides, on this occasion. What I find interesting is how much history, and, how much of the amendment as written, have been overlooked or discarded for the currently needed sound bites. The NRA just uses "Americans have the Right to keep and bear arms," while the Governors use "A well-regulated militia, being necessary to the security of a free state." Neither mention Jefferson's writings. In fact I believe the governors are confusing the Constitution with the Amendments to the Constitution.

Terry
 
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