[118857] in Cypherpunks

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Re: Inferno: The Constitution & Gun Rights: It's bigger than

daemon@ATHENA.MIT.EDU (Reese)
Sat Oct 9 05:04:49 1999

Message-Id: <3.0.5.32.19991008225111.00aef990@flex.com>
Date: Fri, 08 Oct 1999 22:51:11 -1000
To: Jim Choate <ravage@einstein.ssz.com>, cypherpunks@einstein.ssz.com
From: Reese <reeza@flex.com>
In-Reply-To: <199910090337.WAA07907@einstein.ssz.com>
Mime-Version: 1.0
Content-Type: text/plain; charset="us-ascii"
Reply-To: Reese <reeza@flex.com>

Jim, did you originate this, or fwd it?

Either way, I have questions,,, 

At 10:37 PM 10/8/99 -0500, Jim Choate wrote:
>----- Forwarded message from Jim Choate -----
>
>X-URL: http://www.ssz.com/cdr/guns.html
>
////
>   It is worth making special note that the Presidential claim to
>   executive privilige regarding the use of military forces without
>   Congressional permission is unconstitutional (see Article II). The
>   Constitution clearly states the President is the commander in chief of
>   the armed forces only after they have been called into action. And
>   only Congress may call them into action. The President of the United
>   States is not in the chain of command of the military forces without
>   specific authorization from Congress. Until such time as that is given
>   only Congress has the authority to direct and organize military
>   activities.

Is this addressed in an EO?  EO's are constitutional, so said the supremes,
I accept this so long as they only apply to the executive branch (and no
one else, directly or by extension), so the question therefore includes a
reparse to: Are the armed forces part of the executive branch, either
before or after activation by congress?  By what exingency does the CIC
claim to maintain purpetual status as acting CIC?

>   Amendment 2, 4, & 9 provide in and of themselves sufficient grounds to
>   find any federal involvement in the purchase, possession, or operation
>   of a weapon to be unconstitutional.

Stop preaching to the choir, you're putting them to sleep,,, ;b

>                   THE CONSTITUTION OF THE UNITED STATES
>
////
>  Article I
////
>   Section 8.
////
>   To raise and support armies, but no appropriation of money to that use
>   shall be for a longer term than two years;

What was used as precedent to maintain a standing army for greater than 2
years?  Does it somehow involve the civil war as I've heard suggested
elsewhere, or not?

Reese


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