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When asked what the militia was, George Mason, one of the framers of the U.S. Constitution, said:
"Who are the Militia? They consist now of the whole people, except a few public officials."
Yet, we also see statutes like 10 USC 311, which defines it as "All able-bodied males at least 17 years old of age and except as provided in Section 13 of title 32, under 45 years of age who are, or have made a declaration of intention to become, citizens of the United States." Some state statutes define it as "able-bodied males" of different age ranges, such as 16 through 59.
These statues also divide the Militia into various classes, such as "organized" or "unorganized," in the case of 10 USC 311, or "active" and "reserve", as many states do, with "active" being considered the National or State Guards, but not the National Armed Forces.
To understand how these definitions have arisen, one must first understand what the framers of the U.S. Constitution had in mind for the new Republic they had created. They allowed for a standing National Army, but instead that it be kept small. Although it might be the first force to be called out, and the only force to be sent abroad, the primary defense of the country was to be the duty of the ordinary citizens, who would be kept in a state of military readiness while leading their normal lives. They would be called up to "repel invasions, suppress insurrections, or execute the laws", for limited periods of time. At the time the Constitution was adopted in 1789, the well-established tradition was for local militia units to be kept in a state of readiness in each and every community. Such units were organized and trained locally, perhaps led by the local town or county officials, but otherwise independent of official control when not actually called up for service.
When law-makers tried to define the "militia" by statute to consist of less than the entire body of citizens, they were defining those citizens who would be kept in a state of readiness, as was done in the Militia Act of 1792, which required able-bodied males age 17 through 44 to keep a "musket or firelock". However, persons younger than 18 and older than 45 regularly responded to call-ups of the Militia and were accepted as part of it. There were even some women who participated.
The framers also insisted on a distinction between the "genuine" Militia and a "select" Militia, which they viewed as a danger, just as much a danger as a standing army. They did not want a Militia whose members might consist of anything less than the entire people, or at least able-bodied ones in a certain age range, because if selected on any other basis, they might be used to oppress other parts of the population.
Actually, George Mason provided the best definition. It only needs to be broken out into various classes, representing the order in which persons would be called out for military service. Qualifications like "able-bodied" or "male" or "age 18-44" only establish who would be first called to service, with the expectation that they would be adequate for almost any situation, but it allows for calling up other persons if needed.
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