I'm not talking about Congress passing a law. The Militia was placed under Congress in Article I, Section 8, with specific and limited powers to the States. States who disarm citizens are treading on a power granted to Congress. I thought you said in an earlier post you agreed.
Question 2: The whole doctrine of inc. is completely bogus, invented like much of sc law. IOW, the BOR still does NOT apply to the states. However, if the SC insists on saying that ANY part of the BOR applies to the states, then I DEMAND that the whole thing apply, most especially including the 2nd amend. But this is irrelevant -- the question before us is -- Was the BOR meant to apply to the states. Not --- does it apply now, after many changes and court cases.
What do you consider to be some of the Privileges and Immunities of citizens of the United States? Would you include the RKBA among them?
Privs and imms -- I don't believe that the privs and imm clause of the 14th amend applies the BOR to the states, for the simple reason that if it were meant to, you've got to ask yourself why the words "Bill of rights" appear nowhere in the amend. As justice bork has noted, the sc properly left the p and i clause a "dead letter" in the Slaughterhouse cases. One of the problems with the p and i clause is as follows. Under the cons, I am IMMUNE to being taxed by the fed gov for education spending. Ed spending is left completely to the states, as you will find no fed power to spend on educ in the enumeration. IF!!! all the IMMUNITIES that the fed gove gives me, I also have with the state govs, this means that no state can spend on education. Surely that was not intended. Also, the fed gove cannot legislate where abortion is concerned, following the p and i logic, the states also cannot legislate against abortion.
Seems I forgot to answer the first part of your query. FIRST MY LEGAL ANSWER, then MY PHILOSOPHICAL ANSWER The g. has total control of the militia. The g. may use this power in virtually ANY way it sees fit. It can do anything or nothing with this power, EXCEPT it may not, on pretext of properly governing the militia, disarm the people. It cannot, for example, pass a law that says "In order to govern the mil., we require all citizens to deposit their guns at this here federal armory." I owe this excellent analysis to an article by Nelson Lund, I believe, in National Review. So, because the fed may indeed ignore the mil as it sees fit, I would say that state gun laws are still legal, until such time as the fed passes a law saying all those who want to be armed in anticipation of mil service shall be armed.
PHILO ANSWER
The only thing better than seeing the law work in my favor the way it was intended would be to see the law work in my favor in an underhanded way. NOTHING would make me happier than for the fed gov to overstep its bounds and come up with some crazy, loopy interpretation ensuring my rite to guns. The crazier and loopier it is, the more painful it is for the filthy piece of shit libs who ALWAYS get crazy, insane, loopy interpretations to get what they want. Think about it -- a lib wakes up one day to see that the SC says the 2nd amend makes fed gun laws illegal. The lib knows deep in his heart that this is probably true, so he lives with it. Think how beautiful it would be, on the other hand, if the SC came up with some insane, wholly corrupt nonsense about how state gun laws were no good because the moon is in the seventh house while the interstate commerce clause was rescinding in the 15th amendment. The rage at being blatantly ripped off would be bitter indeed. Sort of like the rage I feel when I am told that the 2nd amend reads only that "Militias are acceptable."