Cornell University Law Ultimate power over the militia is not delegated to the United States by the Constitution nor to the states, but resides with the people. Consequently, the power of the militia remains in the hands of the people. Again, the fundamental function of the militia in society remains with the people. The Founders…
State militias have defended the United States since the Revolutionary War. At present, 23 states and territories have SDFs, and their estimated force strength totaled 14,000 members as of 2005.[21] Authorized under federal statute Title 32 of the U.S. Code, SDFs are entirely under state control—unlike the National Guard— both in peace and otherwise.[22] Hence,…
