But although the militia survives in vestigial form in the statute books, as a functional institution, it no longer exists. For law enforcement, the militia has been replaced by professional police, with SWAT teams, armored vehicles and Nomex coveralls; for military purposes, the militia has been replaced by the National Guard, which despite a thin patina of state control is fundamentally a federal military force.

This makes life easier for the federal government. In 1912, when the federal government tried to send militia units into Mexico, the militias balked, noting that the Constitution allowed them to be called out only to repel invasion, suppress insurrection, or enforce the law — not to invade other countries. Surprisingly, perhaps, Attorney General George Wickersham agreed, leading to a change in the law that produced the modern-day National Guard, a force that is not so limited. Since then, America has been far more active abroad.

But this departure from the system the Framers set up has encouraged more intrusive law enforcement at home, and more military action abroad. So I’ll ask you: If a well-regulated militia is necessary to the security of a free state, then are we insecure? Or unfree? Or both?