12. The 2nd Amendment, ratified in 1787, refers to the National Guard, which was created 130 years later, in 1917.
13. The National Guard, federally funded, with bases on federal land, using federally-owned weapons, vehicles, buildings and uniforms, punishing trespassers under federal law, is a "state" militia.
I agree with most of these, and think they are quite excellent. These two I do disagree with, however.
There were state militias that existed at the time that the Constitution was adopted. The NG, when not federalized, is under the command of the state.
There were court rulings (Presser v. Illinios, 1886) to support that the
states had regulatory rights.
