The currently effective Militia Act -- 10 U.S.C. § 311 (enacted 1956, amended 1958).
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and . . . under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are --
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
Go here Im not going to start over but thanks
http://bbs.hitechcreations.com/smf/index.php/topic,220172.0.htmlHowever you should include the whole provision
312. MILITIA DUTY: EXEMPTIONS
The following persons are exempt from militia duy:
(a) (1) The Vice President.
(2) The judicial and executive officers of the United States, the
several States and Territories, Puerto Rico, and the Canal Zone.
(3) Members of the armed forces, except members who are not on
active duty.
(4) Customhouse clerks.
(5) Persons employed by the United States in the transmission of
mail.
(6) Workmen employed in armories, arsenals,and naval shipyards of
the United States.
(7) Pilots on navigable waters
(8) Mariners in the sea service of a citizen of, or a merchant in,
the United States.
(b) A person who claims exemption because of religious belief is
exempt from militia duty in a combatant capacity, if the
conscientious holding of that belief is established under
such regulations as the President may prescribe. However,
such a person is not exempt from militia duty that the President
determines to be noncombatant.
[there are no sections 313-330]
331.FEDERAL AID FOR STATE GOVERNMENTS
Whenever there is an insurrection in any State against its
government, the President may, upon the request of its legislature
or of its governor if the legislature cannot be convened, call
into Federal service such of the militia of the other States,
in the number requested by that State, and use such of
the armed forces, as he considers necessary to suppress the
insurrection.
332.USE OF MILITIA AND ARMED FORCES TO ENFORCE FEDERAL AUTHORITY
Whenever the President considers that unlawful obstructions,
combinations, or assemblages, or rebellion against the authority
of the United States make it impracticable to enforce the laws
of the United States in any State or Territory by the ordinary
course of judicial proceedings, he may call into Federal
service such of the militia of any State, and use such of the
armed forces, as he considers necessary to enforce those laws
or to suppress the insurrection.
333.INTERFERENCE WITH STATE AND FEDERAL LAW
The President, by using the militia or the armed forces, or
both, or by any other means, shall take such measures as he
considers necessary to suppress, in a State, any insurrection,
domestic violence, unlawful combination, or conspiracy, if it--
a) so hinders the execution of the laws of that State, and
of the United States within the State, that any part or
class of its people is deprived of a right, privilege,
immunity, or protection named in the Constitution and
secured by law, and the constituted authorities of the
State are unable, fail, or refuse to protect that right,
privilege, immunity, or to give that protection; or
b) opposed or obstructs the execution of the laws of the
United States or impedes the course of justice under
these laws
In any situation covered by clause (1), the State shall be
considered to have denied the equal protection of the laws
secured by the Constitution.
334.PROCLAMATION TO DISPERSE
Whenever the President considers it necessary to use the
militia or the armed forces under this chapter, he shall,
by proclamation, immediately order the insurgents to
disperse and retire peaceably to their abodes within a
limited time.
As to your 9th amendment argument, I have said the same and maybe the 10th and possible the 14th as well.