Rights to keep and bear arms, and amendments

William Funk funk at LCLARK.EDU
Mon Mar 22 11:52:41 PST 1999


"Volokh, Eugene" wrote:

> 10 USC 311 also says that "The militia of the United States consists of
> all able-bodied males at least 17 years
> of age and . . . under 45 years of age who are, or who have made a
> declaration of intention to become, citizens of the United States and of
> female citizens of the United States who are members of the National
> Guard."  (This is 1958 language; I assume that after the 1970s, this
> would now include females on the same basis as males.)

You do?  I don't.  Doesn't Rostker v. Goldberg uphold the differentiation by
gender of potentially required military service?

Bill Funk
Lewis & Clark Law School



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