Legal Question in Constitutional Law in West Virginia
Section 8 of the US Constitution
How has the US Congress kept up its duty ''To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States...''? The last time I checked, the government has not provided me with an M16 or even made one available to me for purchase from military stockpiles. Furthermore, they have not provided me the opportunity to attend military training outside of formally joining the US Military. Since Congress has been derelict in its duty, how can the situation be rectified?
1 Answer from Attorneys
Re: Section 8 of the US Constitution
The National Guard is the current incarnation of the old state militias.
The constitution does not require the government to give everyone a gun and train him/her in its use. Even when the constitution was written in the 1700s, only a fraction of the population joined their local militias. If the Framers meant that every adult citizen should be armed and trained, they would have said so.
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