From: [l v c] at [cbgbcs.cb.att.com] (Larry Cipriani) Date: Mon, 26 Jun 1995 13:15:25 GMT Subject: Ted Frank & Maryland v. US Ted Frank's sig file allegedly contains "The National Guard is the modern Militia" Maryland v. United States. I asked an attorney to look up this case. He wrote back: > The case tends to uphold Perpich, not undercut it. > I copied it, and will put it on the server by and by. > > The quote you gave is only half of it; it says the > National Guard is the modern militia as promised the > states in art 1 sec 8, the same thing Perpich > talks about. The same part of the const (the so-called > militia clause). It does NOT say the milita as referred > to in amend. 2 is the national Guard. In fact by saying > in two cases that the "militia" referred to in art. 1 > sec. 8 suggests strongly the militia of the people in the > bill of rights is something completely different; or > more clearly, that the supremes also seem to have taken that > view. > > The case itself has to do with whether a Nat'l Guard > pilot who killed some people can be held to have been acting > for the Feds, and thus the feds can be sued for what > he did under the federal tort claims act. The court says > no, the national guard is the state's militia, the > feds are not responsible, the state might be. Once the case is available online I'll post instruction on how to retreive it. Try again, Ted. -- Larry Cipriani, [l v cipriani] at [att.com] Ever feel like you're being watched ? -- You will.