As I have indicated in previous discussions, this is a misconstruction of
original understanding, that "militia" mainly refers to an activity, defense
activity, and only indirectly as those engaged in such activity, whether
alone or in combination, under official direction or not. Look up the term
in any Latin dictionary, and realize that the leading Founders were
conversant with legal Latin.

What may be designated by statute is not "militia" in the broad sense, but a
more restricted concept, "those who may be penalized for failing to respond
to a militia call-up, especially an official call-up". Clearly, this defines
a proper subset of the larger set of all those engaged in militia, who might
be considered to have a moral duty to engage in militia without the penal
sanction for failing to do so.

For more on this see http://www.constitution.org/cs_defen.htm, and
particularly http://www.constitution.org/col/mil_inim.htm

If this distinction is understood and kept in mind, many of the confusions
that infest these discussions can be avoided.

--Jon

J. N. Heath wrote:
On one hand, Congress holds the ultimate power to decide which citizens will
be designated by statute as "militia." (See my article)

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