OK, everyone, take a deep breath before reacting. Then, think for a minute about our history and let’s gather some facts.
1) Think of a mutual defense pact between the citizens, the states and the Feds - that’s the militia that the Constitution creates.
2) The same Constitution also provides for an Army.
3) The founding generation passed the Militia Act of 1792, which required among other things, that ALL able-bodied white males ages 17-45 be enrolled in the militia.
4) Current Federal law (10 USC 311) is not substantially different in the legal definition of the militia as the Act of 1792, except that all males are included (aka the “unorganized militia”).
5) As originally legislated you had to own a suitable gun, ammo, train, etc. [nota bene] I’d be all for a return to that system.
6) That said, the militia cannot constitutionally be used for foreign adventures (Article 1 Section 8 of the Constitution defines the three missions of the Federal militia).
7) The Constitution allows the President to take command of the state’s militias with the approval of the Congress.
8) The draft into the Army, OTOH, is not found in the Constitution.
9) Given the quality of modern jurisprudence you’d NEVER find a Federal judge would have the balls to make a true ruling.
Wouldn’t it be great to get the kids to hate the Democrats by bringing back the draft? I mean we’d have to get the Reps to vote no to a man to make the point, but hey never let a crisis go to waste. What we’re doing to the younger generation with debt is bad enough. Once they figure out what Comandante Zero is doing to them, they’ll never vote for that %^&#@ again. Think Wedge Issue folks!
It only creates your definition of miltia at the administrative level - not at the level of the Second Amendment (2A).
The Doctrine of Negative Rights (DNR) is the power the 2A invokes to acknowledge the pre-existing militia status of The People.
Since the US Constitution creates the only country based on the DNR, it simultaniously and necessarily redefines the word militia under those auspices, from direct derivativation. The definition of militia you are talking about, however, is NOT the 2A/DNR definition.