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Where did I get the definition of the militia? The US Code: https://www.law.cornell.edu/uscode/text/10/246 https://www.law.cornell.edu/uscode/text/10/246 As fa

• dragonwriter 2y ago
  > Where did I get the definition of the militia? The US Code You can't look to the US Code for definitions of terms in the Constitution; the US Code definition applies to the portion of the US Code that that definition is applicable to, but (except where the Constitution expressly gives Congress the power to define something) cannot define terms in the Constitution, otherwise, Congress could simply rewrite the Constitution by redefining the language used in it, and would never need to use the more difficult process of Constitutional Amendments.
  • tpmoney 2y ago
    As a general rule I agree, but in that case we’re limited to what the constitution says explicitly and what is says explicitly is that keeping and bearing arms is a right of “the People” which is a distinct group from “the States” and “the United States”. Further we know that the Militia is not the Army, nor the Navy, and that it too is also considered a separate group from “the people”. It seems reasonable to conclude then that the right must be conferred to all the people because if they meant for it to be limited to the Militia they would have said “the right of the Militia to keep and bear arms shall not be infringed”