On Wed, Jul 09, 2008 at 01:32:16PM -0400, [EMAIL PROTECTED] wrote:
> -----Original Message-----
> >From: Jon Roland <[EMAIL PROTECTED]>
> >Sent: Jul 9, 2008 1:23 PM
> >To: [EMAIL PROTECTED]
> >Cc: Firearms Reg <[email protected]>
> >Subject: Re: Eugene Volokh: Another Early 1800s Source Supporting the 
> >Individual Rights View of the Second Amendment:
> .....
> >The key point, as I have often stated, is that militia is primarily 
> >defense activity and only secondarily those engaged in it, as was common 
> >usage of many words in that era, and that there is no minimum number of 
> >those who may engage in it. An individual is always and at all times at 
> >least a militia of one.

I like the term "militia of one". Thank you, Jon. T-shirts,
windbreakers, anyone?

> 
> Joe Olson and I pointed out in our A2A amicus brief that
> ratification period States knew of militias of one -- members of
> unorganized militias -- and wanted them armed. The militia statutes
> commonly exempted broad swathes of the populace -- sailors,
> ferrymen, judges, gov't officials, sometimes lawyers -- from the
> duty to be enrolled, mustered, and drilled. But the statutes
> *didn't* exempt from from the duty to be armed. The rationale was
> presumably that there might come a day when they needed every man,
> and the unorganized ones might be untrained but at least they'd have
> a gun and equipment.

Perhaps the idea was also that some folks might serve better by
continuing in their normal civilian roles. E.g. the organized and
mustered militia might be in need of ferries, and so of
ferrymen. Also, armed ferrymen at their ferries could provide a choke
point defense against an invader, a good delaying tactic.



-- 

Charles Curley                  /"\    ASCII Ribbon Campaign
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