Questions from Problem One:
Does Virginia have a militia?
Yes, Virginia does have a militia. The U.S. National Archives and Records Administration’s official website details the establishment of a militia in Article 1 Section 13 of Virginia’s Bill of Rights, located within the Virginia Constitution:
That a well-regulated militia, composed of the body of the people, trained to arms, is the proper; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
More importantly, Liberty University Law Review’s Stephen P. Halbrook points out that in the year 1971, the people of Virginia revised their Constitution …show more content…
As stated in §44-1 of the Virginia Code, three separate entities, the National Guard, unorganized militias, and an organized militia known as the Virginia Defense Force, make up the entirety of the Virginia militia. According to the VLIS, in §44-2 of the Virginia Code, the basic composition and role of the National Guard, with respect to being a part of the militia, is explained:
The National Guard shall consist of the regularly enlisted militia and of commissioned and warrant officers, who shall be residents of the Commonwealth of Virginia and shall fall within the age limits and qualifications as prescribed in existing or subsequently amended National Guard regulations (army and air), organized, armed and equipped as hereinafter provided. Upon original enlistment members of the National Guard shall not be less than 17 nor more than 55 years of age, or, in subsequent enlistments not more than 64 years of …show more content…
Massachusetts, the Court found three inconsistencies regarding the Supreme Court of Massachusetts’ ruling prohibiting the private possession of stun guns and the Court’s past rulings and precedents. The Court found that (1) the [ Massachusetts Supreme Court] explained that stun guns are not protected because they “were not in common use at the time of the Second Amendment’s enactment.” . . . This is inconsistent with Heller’s clear statement that the Second Amendment “extends . . . to . . . arms . . . that were not in existence at the time of the founding” (2) “. . . the [Massachusetts Supreme Court] concluded that stun guns are “unusual” because they are “a thoroughly modern invention.” . . . By equating “unusual” with “in common use at the time of the Second Amendment’s enactment,” the court’s second explanation is the same as the first; it is inconsistent with Heller for the same reason” and (3) [The Massachusetts Supreme Court] used “a contemporary lens” and found “nothing in the record to suggest that [stun guns] are readily adaptable to use in the military.” . . . But Heller rejected the proposition “that only those weapons useful in warfare are
Does Virginia have a militia?
Yes, Virginia does have a militia. The U.S. National Archives and Records Administration’s official website details the establishment of a militia in Article 1 Section 13 of Virginia’s Bill of Rights, located within the Virginia Constitution:
That a well-regulated militia, composed of the body of the people, trained to arms, is the proper; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
More importantly, Liberty University Law Review’s Stephen P. Halbrook points out that in the year 1971, the people of Virginia revised their Constitution …show more content…
As stated in §44-1 of the Virginia Code, three separate entities, the National Guard, unorganized militias, and an organized militia known as the Virginia Defense Force, make up the entirety of the Virginia militia. According to the VLIS, in §44-2 of the Virginia Code, the basic composition and role of the National Guard, with respect to being a part of the militia, is explained:
The National Guard shall consist of the regularly enlisted militia and of commissioned and warrant officers, who shall be residents of the Commonwealth of Virginia and shall fall within the age limits and qualifications as prescribed in existing or subsequently amended National Guard regulations (army and air), organized, armed and equipped as hereinafter provided. Upon original enlistment members of the National Guard shall not be less than 17 nor more than 55 years of age, or, in subsequent enlistments not more than 64 years of …show more content…
Massachusetts, the Court found three inconsistencies regarding the Supreme Court of Massachusetts’ ruling prohibiting the private possession of stun guns and the Court’s past rulings and precedents. The Court found that (1) the [ Massachusetts Supreme Court] explained that stun guns are not protected because they “were not in common use at the time of the Second Amendment’s enactment.” . . . This is inconsistent with Heller’s clear statement that the Second Amendment “extends . . . to . . . arms . . . that were not in existence at the time of the founding” (2) “. . . the [Massachusetts Supreme Court] concluded that stun guns are “unusual” because they are “a thoroughly modern invention.” . . . By equating “unusual” with “in common use at the time of the Second Amendment’s enactment,” the court’s second explanation is the same as the first; it is inconsistent with Heller for the same reason” and (3) [The Massachusetts Supreme Court] used “a contemporary lens” and found “nothing in the record to suggest that [stun guns] are readily adaptable to use in the military.” . . . But Heller rejected the proposition “that only those weapons useful in warfare are