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Concept of the militia is that it is everybody or virtually everybody in the body politic. One of the more recent discussions of the militia concept i found in the d. C. Heller case, an individual Second Amendment case, however there was some dicta in there discussing the militia in its collective sense, and in there, the Supreme Court stated that unlike armies and navies, the militia is assumed by article 1 to already be in existence. Although the militia consists of all able bodied men the federal organized militia may consist of a subset of them, so there is a distinction between organized militia and unorganized militia, and the type of militia im going to discuss today is the organized militia, which is the National Guard. And this particular distinction between organized and unorganized militia is carried through into each state. Under state law, for example in maryland, where im a judge advocate in maryland as well, in the Maryland National guard, you can see that the state code

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