But
AFTER the Constitution was ratified, the formation, organization and structure of the militia, essentially the militia's
entire existence was altered, codified by and under the federal Constitution. The doctrine of preemption demands that no other entities can exercise the militia organization and command powers conferred to and claimed by the federal government, including any effort of the citizens, independent of law, to organize and deploy citizens as militia (see
Presser). Once the Militia Act of 1792/95 became law, that law was the only lawful process for anyone to call-up and organize the citizens as militia.
The Supreme Court explained federal preemption of militia powers:
"Upon the subject of the militia. Congress has exercised the powers conferred on that body by the constitution, as fully as was thought right, and has thus excluded the power of legislation by the States on these subjects, except so far as it has been permitted by Congress . . . ." --
Houston v. Moore 18 U.S. (5 Wheaton)
1, 24 (1820)
For the criminal prosecution of, "a capital, or otherwise infamous crime", the 5th Amendment excludes "the Militia, when in actual service in time of War or public danger", from the grand jury presentment right, and dispenses justice to those militia the same as the federal "land or naval forces" (under the UCMJ).
The 5th Amendment says:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; . . . "
I'm not sure what more we have to discuss; you have your beliefs that rely on the denial of the existence and enforcement of well-established, settled law and long-standing Supreme Court determinations.
I never realized how powerful such self-delusion could be.
I've been enjoying the gun debate since 1993 and I never thought to just deny the existence of the lower federal court's "militia right" and "state's right" interpretations. So, while those decisions served to legally invalidate any recognition and protection of the individual citizen's right to arms under the 2nd Amendment, all I had to do to win the debates back then was deny those rulings existed.
Wow, here I thought
Heller really meant something!