Last Updated on February 17, 2022 by Constitutional Militia
Constitutional Militia: Immune From All Contemporary Forms of “Gun Control”
Unlike some other powers and disabilities of Congress and the States, their powers and disabilities with respect to the Militia do need to be carefully parsed. For example, the Constitution delegates several powers to the General Government while simultaneously imposing corresponding disabilities on the States—such as with respect to levying “Duties” and “Imposts”; “coin[ing] Money”; “rais[ing] and support[ing] Armies” and “provid[ing] and maintain[ing] a Navy”, on the one hand, but not “keep[ing] Troops, or Ships of War in time of Peace” “without the Consent of Congress”, on the other; and “mak[ing] Treaties”, one the one hand, but not “enter[ing] into any Treaty” under any conditions or “into any Agreement or Compact * * * with a foreign Power” “without the Consent of Congress”, on the other. The Constitution also delegates to the General Government certain powers without imposing any additional express disabilities on the States, because the powers are so defined as to be inherently exclusive in their nature or when exercised—such as the powers “[t]o lay and collect Taxes * * * to pay the Debts and provide for the common Defence and general Welfare of the United States”, “[t]o borrow Money on the credit of the United States”, and “[t]o establish an uniform Rule of Naturalization, and uniform Laws on the Subject of Bankruptcies throughout the United States”. With respect to the two powers of Congress over the Militia, however, neither of these situations obtains.
The Constitution empowers Congress
• [t]o provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; [and]
• [t]o provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.