Argument: The US Constitution recognizes the militia only as an organization of the state
The 1965 decision relative to the definition of militia arises in Maryland v. United States, 381 U.S. 41 (1965). In this case, an airliner collided with a National Guard jet, and a need for a definition of National Guard arose. In this ruling, the U.S. Supreme Court wrote,
- The National Guard is the modern Militia reserved to the States by Art. I. 8, cl. 15, 16, of the Constitution.
Clauses 15 and 16 of the Constitution are:
- To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
- 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;