BlueTrain said:
NO, well regulated does indeed mean "under the state's thumb."
mehavey said:
NO, it does not. If so, the underlying rationale of the Federalist Papers,
while espousing an in-service militia under control of the authorities, would
have no ready-capable population from which to draw them.
Mehavey, under Article I, Section 8 and particularly the 10A, how was it not the prerogative of the states to regulate the militia?
Article I, Section 8 gives Congress power to call forth the militia "to execute the Laws of the Union, suppress Insurrections and repel Invasions" and 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..." Note that this provision
implicitly gives the states free rein regarding the regulation of those portions of the militia that are NOT "employed in the Service of the United States".
Other than the Article II, Section 2 appointing the President as commander-in-chief once the militia is called forth (presumably by Congress), the Constitution does not discuss the militia further. Thus, it's reasonable to assume that the power to regulate the militia is among the powers "reserved to the States respectively" in the 10A, so long as those provisions in Article I, Section 8 are followed.
Seems like the proverbial thumb to me.
The key thing to understand is that the operative clause of the 2A says that the RKBA applies to "the people"—not only to the organized militia, the unorganized militia, or even only to citizens. The Founding Fathers were very concise in describing different subsets of persons in the Constitution and the BoR, and the 2A is no exception. "The people" generally means
everyone under the jurisdiction of the United States—militia or otherwise. [It's debatable how the term applied to slaves, but this issue is really only important to historians today.
]