None of the amendments grant person any rights or states any powers. The Constitution grants enumerated powers to the federal government. The Bill of Rights further restricts the powers of the federal government. The powers of the states to have militia are inherent by their existence.
Amendment X, Bill of Rights.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
"The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence." US v Cruikshank, 1876.
Article 1, Section 8 of the US Constitution wherein the Congress derives its powers:
"[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"
In other words, the militia is exactly what the federal government says it is. Currently, that definition is found in 10 USC 246:
10 U.S. Code § 246 - Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
Not germane.
