CONSTITUTIONAL ARGUMENT REGARDING AMENDMENT II In reading the II 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. There can be opposing arguments made over the issue of Militia, but first there is a difference that must be clarified. The Military is established under several paragraphs within the body of the Constitution as duty of Congress. The Military by these terms are Federal and by definition provide for the common defense. They can not be defined as Militia since all issues of funding, training, and use are under direct Congressional Authority nor can the National Guard or Reserves of the various services. The National Guard is a State regulated military force that is Federally funded, trained, organized, and equipped, though in State service. The Guard is readily Federalized as a secondary response mobilization force back stopping the Regular Services or functioning in conjunction with the Regular Services. The Militia is by paragraph and there for by definition the Body of Citizens, who, though unorganized can respond to or be called to actual service in times of emergency. The draft of Citizens is a formalized process that does call on all able bodied individuals for a term of service equal to the duration of an emergency; a Militia by its nature is a spontaneous mobilization of Citizens in response to an immediate impending emergency. Average Citizens responding to a non war disaster are in effect an undefined Militia acting in cooperation with Federal or State forces, but as individuals not otherwise belonging to Federalized forces. There is no language to prevent and succinct language to address the establishment of a Militia of the people. I interpret this to recognize the final defense for the common good is the People; the Citizens. The Government is of the

people and for the people. The final arbitrator of this Right is therefore the People, or more comprehensively the Citizens. Established in the preamble, which carries the context of all that follows, and as an Amendment of the body of the Constitution Amendment II is by structure and fact incorporated with all other Amendments and wholly of the Constitution. The Constitution and Bill of Rights by design and convention are a single body for governance. This governance is of the people, the final arbitrators, and therefore unassailable. Why is such a simple concept so difficult to grasp. The only argument possible is defeated by the Rule of the Constitution and of the People who are in the finale rendering the material of the common defense. There can be no infringement; there can be no additional Amendment of Prohibition added that would not violate core tenants of the Constitution abridging the common good and violating the rights of Citizens.

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