Officer's Wife said;
I'm not an attorney, but your memory is faulty. There is an 1886 decision by the US Supreme Court, Presser v. Illinois, that ruled that the states have the right to regulate militias or other private military organizations. Groups of individuals have no, as in none, nada, not one, Constitutional right to form their own militia. To date 28 states have laws prohibiting the formation of private military organizations, paramilitary training or both:
Here are the states and the relevant statutes:
In the US as far back as colonial times, the militia has been part of the government. Militia laws were simply a way for the government to raise an armed force. The militia has never been considered to be a check on government power. The militia is the government and while congress legislating the militia out of existence might be unconstitutional under the second amendment, they could easily write a law stating that the militia was to be armed with brooms, shovels and pick axes, and that would very likely pass constitutional muster.
Article 1 Section 8 of the Constitution gives says that congress can:
Article 1 Section 10 of the constitution forbids the states from keeping troops in time of peace:
Cosmoline is 100% correct our right to keep and bear arms rests completely on the part of the second amendment that says, the right of the people to keep and bear arms, shall not be infringed. There is clearly no right to be part of a militia or to bear arms as part of a militia. Congress and the governments of the several states have the power to define what the militia is and say how it will be equipped.
Jeff
IIRC there was a court decision that upheld the right of the people (i.e. groups of individuals) to form a militia. Although the name(s) of the principals escapes me at the moment. Again, to the best of my memory, the corut also ruled the National Guard was not the militia of the individual states. I'm hoping one of the attorney types will either furnish a link or tell me my memory is faulty.
I'm not an attorney, but your memory is faulty. There is an 1886 decision by the US Supreme Court, Presser v. Illinois, that ruled that the states have the right to regulate militias or other private military organizations. Groups of individuals have no, as in none, nada, not one, Constitutional right to form their own militia. To date 28 states have laws prohibiting the formation of private military organizations, paramilitary training or both:
Here are the states and the relevant statutes:
States with Both Anti-Militia and Anti-Paramilitary Training Laws (7)
-Florida. FLA. STAT. ANN. ch. 870.06, 790.29.
-Georgia. GA. CODE ANN. ss 38-2-277, 16-11-150 to -152.
-Idaho. IDAHO CODE ss 46-802, 18-8101 to -8105.
-Illinois. ILL. REV. STAT. ch. 1805, para. 94-95.
-New York. N.Y. MIL. LAW s 240.
-North Carolina. N.C. GEN. STAT. ss 127A-151, 14-288.20.
-Rhode Island. R.I. GEN. LAWS ss 30-12-7, 11-55-1 to -3.
States with Anti-Militia Laws Only (17)
-Alabama. ALA. CODE s 31-2-125.
-Arizona. ARIZ. REV. STAT. ANN. s 26-123.
-Iowa. IOWA CODE s 29A.31.
-Kansas. KAN. STAT. ANN. s 48-203.
-Kentucky. KY. REV. STAT. ANN. s 38.440.
-Maine. ME. REV. STAT. ANN. tit. 37-B, s 342.2.
-Maryland. MD. CODE ANN. art. 65, s 35.
-Massachusetts. MASS. GEN. L. ch. 33, s 129-132.
-Minnesota. MINN. STAT. s 624.61.
-Mississippi. MISS. CODE ANN. $ 33-1-31.
-Nevada. NEV. REV. STAT. s 203-080.
-New Hampshire. N.H. REV. STAT. ANN. s 111:15.
-North Dakota. N.D. CENT. CODE s 37-01-21.
-Texas. TEX. GOV'T CODE ANN. s 431.010.
-Washington. WASH. REV. CODE s 38.40.120.
-West Virginia. W. VA. CODE s 15-1F-7.
-Wyoming. WYO. STAT. s 19-1-106.
States with Anti-Paramilitary Training Laws Only (17)
-Arkansas. ARK. CODE s 5-71-301 to -303.
-California. CAL. PENAL CODE s 11460.
-Colorado. COLO. REV. STAT. s 18-9-120.
-Connecticut. CONN. GEN. STAT. s 53-206b.
-Louisiana. LA. REV. STAT. ANN. s 117.1.
-Michigan. MICH. COMP. LAWS s 750.528a.
-Missouri. MO. REV. STAT. s 574.070.
-Montana. MONT. CODE ANN. s 45-8-109.
-Nebraska. NEB. REV. STAT. s 28-1480 to -1482.
-New Jersey. N.J. REV. STAT. s 2C:39-14.
-New Mexico. N.M. STAT. ANN. s 30-20A-1 to -4.
-Oklahoma. OKLA. STAT. ANN. tit. 21, s 1321.10.
-Oregon. OR. REV. STAT. s 166.660.
-Pennsylvania. 18 PA. CONS. STAT. s 5515.
-South Carolina. S.C. CODE ANN. s 16-8-10 to -30.
-Tennessee. TENN. CODE ANN. s 39-17-314.
-Virginia. VA. CODE ANN. s 18.2-433.1 to -433.3.
In the US as far back as colonial times, the militia has been part of the government. Militia laws were simply a way for the government to raise an armed force. The militia has never been considered to be a check on government power. The militia is the government and while congress legislating the militia out of existence might be unconstitutional under the second amendment, they could easily write a law stating that the militia was to be armed with brooms, shovels and pick axes, and that would very likely pass constitutional muster.
Article 1 Section 8 of the Constitution gives says that congress can:
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, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Article 1 Section 10 of the constitution forbids the states from keeping troops in time of peace:
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Cosmoline is 100% correct our right to keep and bear arms rests completely on the part of the second amendment that says, the right of the people to keep and bear arms, shall not be infringed. There is clearly no right to be part of a militia or to bear arms as part of a militia. Congress and the governments of the several states have the power to define what the militia is and say how it will be equipped.
Jeff