Saturday, July 19, 2008

Con Law

Senator/Presidential Candidate Barack Hussein Obama wants to create a civilian National Security force. I'm not sure the Senator, who is a constitutional law scholar, understands the US Constitution. We already have a civilian National Security force. He can read all about it in the amendments to the US Constitution. Specifically the Second Amendment.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Militia is the US National Security force and it consists of all the able bodied persons who are armed and of a certain age group (I think it is all those people between the ages of 18 to 45 - but I need to look it up) by act of Congress. The people of the US are already empowered to defend their country. All that is required is that they visit their local gun store (except in Washington DC and a few other major cities - Chicago, the Senator's home town comes to mind) and get armed.

Don't get me wrong. I think this is a good idea. It is just that the Senator is 200+ years late to the party. I wonder if he slept through his Constitutional Law classes.

H/T Instapundit

Cross Posted at Classical Values

3 comments:

LifeTrek said...

Excellent and oft overlooked point!
David

memomachine said...

Hmmmm.

Frankly this sounds very close to Hugo Chavez's Bolivaran Army.

It's also potentially illegal as it would might violate the Posse Comitatus which forbids federal military forces from engaging in law enforcement.

Then there's the whole issue of federal vs state rights.

John_David_Galt said...

The definition of the militia in current federal law is 10 USC 311, which can be read here:

http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=941249236182+0+0+0&WAISaction=retrieve