[118907] in Cypherpunks

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Re: An immediate way to end federal gun control?

daemon@ATHENA.MIT.EDU (Steve Schear)
Sun Oct 10 02:25:59 1999

Message-Id: <4.1.19991009223613.00c2f740@popserver.com21.com>
Date: Sat, 09 Oct 1999 22:38:24 -0700
To: Jim Choate <ravage@einstein.ssz.com>, cypherpunks@einstein.ssz.com
From: Steve Schear <schear@lvcm.com>
In-Reply-To: <199910100332.WAA12694@einstein.ssz.com>
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Content-Type: text/plain; charset="us-ascii"
Reply-To: Steve Schear <schear@lvcm.com>

At 10:32 PM 10/9/99 -0500, Jim Choate wrote:

This is not new turf.  In my view you are correct, but the federales have
stolen the show through a number of legal shennagans and the refusal of
courts to hold them to their constitutional mandates.  For an excellent
review of this topic, see Brannon P. Denning, Palladium of Liberty? Causes
and Consequences of the Federalization of State Militias in the Twentieth
Century, http://www.2ndlawlib.org/journals/denpall.html

--Steve


>I believe I've stumbled onto a rather important aspect of gun control:
>
>From The Constitution:
>
>   No state shall, without the consent of Congress, lay any duty of
>   tonnage, keep troops, or ships of war in time of peace, enter into any
>   agreement or compact with another state, or with a foreign power, or
>   engage in war, unless actually invaded, or in such imminent danger as
>   will not admit of delay.
>
>Does this not say that each state is required to defend itself during
>invasion or other crisis that happen so fast that the federal authorities
>can't be brought to bare. Does it also say that it can't do this with
>troops? Does this not imply that every state is required to provide for the
>arming of its citizenry in crisis? Does it not also further imply a
>continous state of readiness? Does it not also not mention the militia,
>implying yet a fourth party (ie 'the people') is involved in defence? Does
>it also not provide for funding for this party? Does this not imply that the
>people are supposed to buy the guns themselves with their own money as they
>see fit?
>
>    ____________________________________________________________________
> 
>           The best lack all conviction, while the worst are full
>           of passionate intensity.
>
>                                               W.B. Yeats
>
>       The Armadillo Group       ,::////;::-.          James Choate
>       Austin, Tx               /:'///// ``::>/|/      ravage@ssz.com
>       www.ssz.com            .',  ||||    `/( e\      512-451-7087
>                           -====~~mm-'`-```-mm --'-
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>


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