No he commanded a legal militia. Consult your constitution. What is amazing is that on the most conservative website online anti-Mormons consistently adopt liberal lies when it comes to discussion of the Mormons. But hey its an open forum. Any other liberal lies you want to promote in open view of your fellow FReepers?
Bending and twisting facts, and braking the law, are liberal traits.
Nice try though.
You talk about the Constitution, so let's look at it, the Second Amendment specifically:
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed".
Hum, I wonder why the Founding Fathers (those liberal hacks /s) put in this specific language:
A WELL REGULATED MILITIA
Could it be that they thought roving personal armies attacking fellow Americans over the least little disagreement would be a bad thing?
There is a reason that a Mayor has to call the Governor of a state to activate a national guard unit, even if it is based in his own city and staffed by its citizens. There is a reason a nation guard unit commander cannot just muster his men because he doesn't like the fact parking tickets went up in price.
An activated militia operating without the command of the Governor is extra legal, even by, and especially by, the US Constitution. It is the first step to rebellion, and a treasonous act (oddly, what Smith was charged with).
So endeth the lesson for today.