Eh, let them have fun. Since they’re not law enforcement, they don’t have infinite legal resources to deal with the civil or criminal liabilities of enforcing the law. This is probably going to be a self-correcting issue.
I have another thought; posse comitatus and even militias can, I believe, be viewed as an admission by the government that it is incapable of handling certain situations without the assistance of citizens.
Does article 1 clauses 15 and 16 presume the existence of “militias”? Does it state that “only Congress…”? Do they give specific instances?
Fundamental - if it is not expressly illegal it is legal. Not the other way around.
The interesting thing about it is how it ties in to the debates and the 2nd Amendment, which of course came later. The mentioning of the militia in it specifically. It goes back to issues in 17th century England.
You are on to something important here.
Is there any prohibition on the number of militias? What are your thoughts on select versus general militias and the history of both?