The militia is a complex issue, ma. I meant no disrespect.
The Militia Act of 1903 established the National Guard in each state, under direction of the governor. But that National Guard is, or becomes, somehow, part of the “National Guard of the United States” and is then considered part of the reserves which can be called into federal service by the President.
From what I can tell, the “regular” National Guard — Army and Air both — is nothing but federal reserves. The President can take them away from the governor when he wishes and I think that’s wrong unless the governor and/or legislature agrees.
But the law also describes the “unorganized” or “irregular” militia, which is all able-bodied men ages 17 to 45 plus veterans up to age 64. That’s us.
I agree with you. Armed citizens, by definition, are the militia. But federal law takes away the organized militia, the trained professionals, and makes them reservists for the regular Army and Air Force. That leaves us, the unorganized militia, looking very disorganized indeed.
Worse, our overlords don’t trust us. For proof, look at the terms used to describe the civilian peacekeepers who showed up at Bundy’s ranch.
DNME, that is my understanding as well and I believe you are right on the money. US National Guard units (Army National Guard, Air National Guard), while under the command of their respective states, can be federalized. And yes, the law specifically puts all you young whippersnappers and veterans into the unorganized militia:
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, 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. (b) The classes of the militia are -
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
States codify it further. Here in Virginia:
§ 44-75.1. Militia state active duty.
A. The Governor or his designee may call forth the militia or any part thereof to state active duty for service in any of the following circumstances:
1. In the event of invasion or insurrection or imminent threat of either;
2. When any combination of persons becomes so powerful as to obstruct the execution of laws in any part of this Commonwealth;
Etc etc. There is plenty of discussion over the extent to which state militias and defense forces are or are not part of the unorganized militia, but I stepped into legal waters way over my head several sentences ago, haha...