What’s the meaning of “militia?”
Not just the meaning of "militia" - there are myriad questions like who can establish, who authorizes, who can join (or who must/can be excluded).
Who can "call out" the militia and to what purpose? Can militia members act individually? Who is liable for members' actions?
The legal definition of the term, “militia” -
Title 10 › Subtitle A › Part I › Chapter 13 › § 311
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.
I don’t think we want to hang our hats on the first clause of the 2nd Amendment. The second clause is better. According to the above legal code, anybody over 45 is not part of the militia. But since this legal code came after the adoption of the constitution, the age limitation can be disputed. The right of the people to keep and bear arms shall not be infringed. This is the part that should be emphasized.
**Note - Title 10 also makes no provision for US females or those people claiming to be something in between. So, old geezer males, ladies of all ages, and some people in San Francisco might have common cause to emphasize the 2nd clause of the 2nd Amendment. Politics, in deed, can make strange “bedfellows”.
“Who are the Militia? The whole of the People, except for a few politicians.”
Attrib. to Noah Webster, nephew of Daniel Webster, MA congressman.
goodnesswins asked: “What’s the meaning of ‘militia?’”
The legal definition is still a part of current federal law, here’s the relevant section of the U.S.C.:
10 U.S. Code § 311 -
Militia: composition and classes
(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.
You see, the constitution grants Congress the authority to mobilize the “militia” but does not define that key term. However, the same legislators that drafted and approved the Bill of Rights also decided to pass the Militia Acts, which among other things delegated Congressional authority to mobilize the militia to the President. In so doing, they wrote a legal definition of what the militia was. This gives modern readers clear insight into what the writers were really thinking of when they wrote “militia” in the second amendment.
Congress defined the militia as consisting of all able-bodied males of military age in the nation. Fascinatingly enough, the Second Militia Act required that all able-bodied males of military age in the nation acquire and keep ready the standard-issue military weapon of the age and keep it along with sufficient ammunition to wage a pitched battle. This is somewhat akin to the militia system in Switzerland that helped ensure the Swiss were able to remain neutral and free through both world wars (you see, the entire voting public, armed to the teeth and hiding in the mountains, aren’t an easy target even for world superpowers right next door).
Later acts of congress such as the Dick Act (established the National Guard in 1903, also called The Militia Act), and the Selective Service Act of 1917, all build upon this legal framework - and as a matter of fact build upon 10 U.S.C. §311 by changing the wording of that established part of federal law (hence the inclusion of women who are members of the national guard into the modern definition of militia). Simply put, all able-bodied men in the nation make up the “militia”, though we’ve expanded the definition over the years to include modern organizations into the traditional umbrella.
If you’ve ever been drafted, or had to register with selective service, understand that the legal and constitutional reasoning behind those actions stems from the simple fact that by legal definition you are a member of the militia and may be called out to defend your nation in time of need.
As the founders envisioned the militia, they imagined the entire body politic armed with the military arms in widespread use by the military powers of the world. Liberty simply cannot exist without the means to defend it, and the founders envisioned a society in which each citizen had both legal rights and the physical means to ensure those rights were never abrogated by either foreign armies or domestic tyrants.