California Assault Rifle Case May Move To USSC. (A rather well thought out legal analysis)

The opinion points out that Congress originally was granted the power in the Constitution to raise and arm state militias, though the states appointed their officers. "With obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made," McReynolds said. "It must be interpreted and applied with that end in view."

Let's take a look at what the constitution really says, rather than take the word of a supreme court justice that should have known better.

Article I, section 8

The following items refer to militia or military forces.
item 1:
To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises will be uniform throughout the United States.
item 12:
To raise and support armies but no appropriation of money to that use shall be for a longer term than two years;
item 13:
To provide and maintain a NAVY
item 14:
To make rules for the government and regulation of the land and naval forces.
item 15:
To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions.
item 16:
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 proscribed by Congress;

Please note, congress has the power to raise and support armies, not militias.
The federal government provides support for the militia, arms it, provides the rules under which it operates when called forth, (military law) but does not "raise", or create the militia. ( It is the people, and already exists. )
Likewise, congress can "call forth" the militia (people) in emergencies like invasion, etc..
However, it's officers are appointed by the States to which those militias belong, and therefore owe certain allegiances to their home state, which grants them their authority.

But, at NO TIME, does the congress have the power to "Raise and Support" the militia.
Only SUPPORT it.

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