At the time the "Texas Constitutional Militia" was formed, I had the
same questions about whether a "Constitutional Militia" would, by
definition, be a government-initiated-sponsored organization.
Since, of course, the State of Texas was not very inclined toward
organizing a true citizen militia, there was what I considered some
fancy footwork undertaken to go around this.
I'm not a Constitutional scholar and I didn't undertake a deep
research of the matter.
I certainly think that when it comes to efforts such as this, which
are serious and can do both great harm and great good, it is easy for
the effort to sink and its members to get into real trouble.
Even though I was on the periphery of the movement, I saw the danger
signs and, in my view, it was fortunate that the Texas militia
movement faded away before any tragedy (although there may be
underground groups still in existence for all I know).
I'm very pleased to see the thoughtful responses here.
Best regards to all.