Since the current majority of USSC likes Originalism, I can argue against

[mahatmakanejeeves]

3. Nit to pick. Most states have state defense forces. Virginia is one of them.

State defense force

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In the United States, state defense forces are military units that operate under the sole authority of a state government. State defense forces are authorized by state and federal law and are under the command of the governor of each state.

State defense forces are distinct from their state's National Guard in that they cannot become federal entities. All state National Guard personnel (to include the National Guard of the District of Columbia, the Commonwealth of Puerto Rico and the territories of Guam and the Virgin Islands) can be federalized under the National Defense Act Amendments of 1933 with the creation of the National Guard of the United States. This provides the basis for integrating units and personnel of the Army National Guard into the U.S. Army and, since 1947, units and personnel of the Air National Guard into the U.S. Air Force.

The federal government recognizes state defense forces, as per the Compact Clause of the U.S. Constitution, under 32 U.S.C. § 109 which provides that state defense forces as a whole may not be called, ordered, or drafted into the armed forces of the United States, thus preserving their separation from the National Guard. However, under the same law, individual members serving in the state defense force are not exempt from service in the armed forces (i.e., they are not excluded from the draft). Under 32 USC § 109(e), "A person may not become a member of a defense force ... if he is a member of a reserve component of the armed forces."

Nearly every state has laws authorizing state defense forces, and twenty-two states, plus the Commonwealth of Puerto Rico, have active forces with different levels of activity, support, and strength. State defense forces generally operate with emergency management and homeland security missions. Most SDFs are organized as army units, but air and naval units also exist. Depending on the state, they may be variously named as state military, state military force, state guard, state militia, or state military reserve.

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Contemporary

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Due to public fears over the Jade Helm 15 exercises held throughout a number of southwestern states, on April 28, 2015, Gov. Greg Abbott of Texas ordered a call-up of the Texas State Guard to monitor the exercises and facilitate communication between US special operations forces conducting training and the governor's office.

In early 2020, a number of state defense forces were activated to combat the COVID-19 pandemic. As of April 2020, the Alaska State Defense Force, the California State Guard, the Governor's Guards of Connecticut, the Georgia State Defense Force, the Indiana Guard Reserve, the Maryland Defense Force, the New York Guard, the Ohio Military Reserve, the South Carolina State Guard, the Tennessee State Guard, the Texas State Guard, and the Virginia Defense Force had all contributed members to their respective states' efforts in combating the pandemic.

{snip the huge list}