LOAF: You're interpreting the document on its lonesome. That's a bad idea; It has to be considered in context.
With risk of going screaming off into constitutional theory, it should be remembered that the Framers were often lawyers...Lawyers trained in the English tradition, which means people like Sir William Blackstone.
Under the Common Law tradition, the militia means the army. It quite <i>emphatically</i> does not mean the cops, insofar as police even were concieved of in 1776 or earlier, when Blackstone wrote (I forget when, but it was earlier than 1776, as it's often used in American jurisprudence and was even referred to in speeches by Scalia and Stevens, IIRC).
It may mean an army composed of "ye hick villagers armed with whatever's handy", but it means "ye hick villagers" under command of the government.
A useful thing to think about, if one takes the theory that the TC is based off of the US...
The Posse Comitatus Act of 1878, which banned the use of federal troops in domestic activities, could be asked about...
As could 10 USC 311, which defines a militia. I'll quote here since it's short:
10 USC 311 said:
(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.
Now, let's go mosey over to Title 32, which deals with the National Guard.
The definition of the Army National Guard in 32 USC 101 is instructive, since the National Guard is legally the descendant of the militia:
32 USC 101 said:
(4) “Army National Guard” means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—
(A) is a land force;
(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly or partly at Federal expense; and
(D) is federally recognized.
The Air National Guard def, for completeness sake:
32 USC 101 said:
(6) “Air National Guard” means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—
(A) is an air force;
(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I of the Constitution;
(C) is organized, armed, and equipped wholly or partly at Federal expense; and
(D) is federally recognized
Now, that says certain things to me:
- You must be organized. You cannot be any yabob (I always wanted to be able to use that word) with a gun.
- It is organized under personnel who are commissioned in the armed forces as officers.
- It is equipped at federal expense (Read: Confederate expense)
- It is Recognized by the Federal Government (Read: Confederate Government)
What this means? Mercenaries contracted by the local planets are nothing. They're better termed "rentacops". Maybe "System police". The Militia, meanwhile, are like the National Guard in Space.