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.