Militia: Legal Structure

The legal structure of the constitutional Militia is the entirety of the able-bodied adult population, properly organized, armed, and disciplined pursuant to statute in some effective manner at all times. This ties in directly with Congress’s constitutional power and duty “[t]o provide for organizing, arming, and disciplining, the Militia”. By incorporating “the Militia of the several States” into its federal structure, the Constitution ensures that such “Militia”—and, absent an Amendment, only such “Militia”—will always exist under its aegis.