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"The Plot Against Gretchen Whitmer Shows the Danger of Private Militias/These groups have no constitutional right to exist."

Let's read this NYT piece by Mary B. McCord, identified as "legal director for Georgetown Law?s Institute for Constitutional Advocacy and Protection and a visiting professor" and "the acting assistant attorney general for national security at the Department of Justice from 2016 to 2017."

Although these vigilante groups often cite the Second Amendment?s ?well regulated militia? for their authority, history and Supreme Court precedent make clear that the phrase was not intended to ? and does not ? authorize private militias outside of government control. Indeed, these armed groups have no authority to call themselves forth into militia service; the Second Amendment does not protect such activity; and all 50 states prohibit it. The danger of these groups was brought home on Thursday with the announcement that the F.B.I. had thwarted a plot by people associated with an extremist group in Michigan to kidnap Gov. Gretchen Whitmer and overthrow the government.... 

Even before the adoption of the Constitution, the colonies recognized the importance of a ?well regulated? militia to defend the state, in preference over standing armies, which they perceived as a threat to liberty. The militia consisted of able-bodied residents between certain ages who had a duty to respond when called forth by the government. But ?well regulated? meant that the militias were trained, armed and controlled by the state. Indeed, 48 states have provisions in their constitutions that explicitly require the militia to be strictly subordinate to the civil authority. Likewise, state constitutions and laws then and now generally name the governor as the commander in chief of its armed forces ? and only the governor or a designee has the power to call forth the able-bodied residents for militia service....

... Justice Antonin Scalia [wrote for the majority in] District of Columbia v. Heller... that the Second Amendment protects an individual right to bear arms for self-defense, but ?does not prevent the prohibition of private paramilitary organizations.? Although there are many gray areas about Second Amendment rights, this is not one of them.... 

Much more at the link. 

Full post as published by Althouse on October 09, 2020 (boomark / email).