Its the congresses duty to prescribe the training for the unorganized militia...
It is because of their abrogation of their duty, that we have a "gun problem".
We are all conscripted into military service if/when the time comes.. not that we should be enlisted like switzerland and regulated as tightly as they are.. but it would be nice to have some community and training.. that is some of the best things of the military that veterans constantly talk about missing the most about their service.
I think the lack of thought about community self defense, is a lot of the reason why we are all at each others throats, and have made each other our own worst enemies
Wouldn't the militia training protocol be at most a state function?
If you look into it, I am pretty sure that congress is supposed to set and prescribe the militia training.
https://www.law.cornell.edu/constitution-conan/article-1/section-8/clause-15%E2%80%9316/regulation-of-the-militia
The power of Congress over the militia “being unlimited, except in the two particulars of officering and training them . . . it may be exercised to any extent that may be deemed necessary by Congress. . . . The power of the state government to legislate on the same subjects, having existed prior to the formation of the Constitution, and not having been prohibited by that instrument, it remains with the States, subordinate nevertheless to the paramount law of the General Government. . . .”1789 Under the National Defense Act of 1916,1790 the militia, which had been an almost purely state institution, was brought under the control of the National Government.
U.S. constitution: Article I, Section 8, Clause 16:
[The Congress shall have Power . . . ] To 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;
although it can be argued that Militia with a capital M is pertaining to the Organized Militia (Marine corps, air force, navy, etc.) and not the unorganized who is necessary to the security of a free state and, who's right to keep and bear arms shall not be infringed.
https://constitution.congress.gov/browse/essay/artI-S8-C16-1/ALDE_00001078/
the waters are pretty muddy...
Even if we grant the presumption of legitimate authority to the government and its constitution, an act of congress cannot exceed the delegated authority of the founding document. Congress has the delegated authority to raise and equip an army, and to call forth the militia according tothe core document; but not to infringe on the right of the people to keep and bear arms per the 2nd amendment.
your right.. and act of congress can NOT exceed the founding document.. IF and WHEN it has.. the government has dissolved itself, and is no longer legitimate, and is sitting De-facto until the people correct it's course by conducting the process again of forming local civil bodies politic, legislatures, and eventually the continental congress, and reforming the government as they see fit.
no.. not to infringe on the rite.. their DUTY is to SET and PRESCRIBE the TRAINING for the unorganized militia. according to the National Defense Act of 1916. not that anything they have done even before that, has been "constitutional"...
Keep in mind... WOMEN DID NOT HAVE THE RIGHT TO VOTE until 1920..
but yea.. blacks were 2/3rds of a person.. women were still 0%