Jon Roland (not verified) | Sat, 07/18/2009 - 10:13am

You have some good material here but it is not correct that the Dick Act, or any other statute, cannot be repealed. It also does not forbid state or local gun control statutes, although I would argue that the right recognized by the Second Amendment forbids most of the current ones. (The right itself, not just the Second Amendment.)

It should be made more clear that conscription into the Army is not the same as militia call-up. They are two entirely different things. Despite the Supreme Court decision to the contrary, Selective Draft Law Cases, 245 U.S. 366 (1916), it is unconstitutional to conscript men into the Army, but not to call up militia for the purposes listed: defend against invasion, suppress insurrection, or enforce law. The states or localities, but not the President, may call up militia for disaster response.

The Dick Act was not a step forward. It relegated most men to a new class of militia, the "unorganized militia". Constitutionally, there is not supposed to be any "unorganized" militia. Militia were intended to all be organized, trained, and equipped to a level that would enable them to defeat the Army.

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