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Neither the courts nor any other part of the government can legally change Constitutional law except through the Amendment process. The Constitution does not reserve the right to form a militia to the federal or State. If it intended to do so it would have stated so plainly. It does not. Nor would the practice have continued unchallenged to the current day.
While it is difficult to ascertain exactly how many Tennesseans participated in the War of 1812, it would be safe to assume that up to 20,000 men served at one time or another during the conflict. Most these men served as volunteers or in the militia, while others saw action in the U.S. Regular Army.
As volunteers and members of local militia, many Tennessean soldiers both distrusted and feared Native Americans and disliked British intervention and aggression in America. Many were also motivated by the opportunity for adventure, a chance to get away from domestic life, and a sense of patriotic duty. Upon enlistment, soldiers elected their officers, usually the wealthiest and most popular men among them.
The Constitution either gives powers, or takes them away from people.
The power to have a militia lies solely with the states. The Supreme Court has literally ruled on this and said that individuals cannot get together and parade around with their guns like a militia.