Even Ruth Bader Ginsburg didn't make this tired, poorly-designed argument: the prefatory clause isn't a limitation, merely a justification. The jurisprudence su

Even Ruth Bader Ginsburg didn't make this tired, poorly-designed argument: the prefatory clause isn't a limitation, merely a justification. The jurisprudence surrounding the "militia" prefatory clause is long-since settled. Even if you do the mental gymnastics to rework the English language to make this mean what you want it to mean, the militia is composed of all able-bodied men between 17-45 per 10 U.S. Code § 246. At the time of this country's founding, private individuals owned cannonry, ships, and ordnance far beyond small arms. What purpose would letters of marque and reprisal serve without weapons?