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" Should Congress neglect to arm or discipline the militia , the states are fully possessed of the power of doing it ; for they are restrained from it by no part of the Constitution . The correlation between quality and outcome also must be suspect because the ratings are not done blindly . However , background checks , including criminal and marital histories , of the men are not required and are generally not performed . These courses are often taught by students who have not been trained sufficiently , and the courses are not taught during the summer-which is when faculty have most freedom to learn . Dr. Kaibyshev maintains his innocence , saying that the technologies are already patented in the U.S ., and is thus in the public domain and not prohibited technology .