Nobody is in the militia. It was disband after we won the Revolutionary war.
Wrong. The militia continued to exist long after that, and continues to exist today. A number of states, including mine, have a formal and officially recognized State Militia, seperate from the National Guard (which is a Federally instituted force).
Also the Founders were quite clear on who was the militia.... when they said "militia" they meant CITIZENS.
"I ask, Sir,
what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them"
George Mason
Co-author of the Second Amendment
during Virginia's Convention to Ratify the Constitution, 1788
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"
A militia, when properly formed, are in fact the people themselves …"
Richard Henry Lee
writing in Letters from the Federal Farmer to the Republic, Letter XVIII, May, 1788.
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"
The people are not to be disarmed of their weapons. They are left in full posession of them."
Zachariah Johnson
Elliot's Debates, vol. 3 "The Debates in the Several State Conventions on the Adoption of the Federal Constitution."
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"… the
people are confirmed by the next article in their
right to keep and bear their private arms"
Philadelphia Federal Gazette
June 18, 1789, Pg. 2, Col. 2
Article on the Bill of Rights
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"And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the Press, or the rights of Conscience; or to prevent
the people of the United States, who are peaceable citizens, from
keeping their own arms; …"
Samuel Adams
quoted in the Philadelphia Independent Gazetteer, August 20, 1789, "Propositions submitted to the Convention of this State"