Militia (United States)

The U.S. ideal of the citizen soldier, in the militia, depicted by The Concord Minute Man of 1775, a monument created by Daniel Chester French and erected in 1875, in Concord, Massachusetts.

The militia of the United States, as defined by the U.S. Congress, has changed over time.[1] During colonial America, all able-bodied men of a certain age range were members of the militia, depending on each colony's rule.[2] Individual towns formed local independent militias for their own defense.[3] The year before the U.S. Constitution was ratified, The Federalist Papers detailed the Founding Fathers' paramount vision of the militia in 1787.[4][5] The new Constitution empowered Congress to "organize, arm, and discipline" this national military force, leaving significant control in the hands of each state government.[6][7]

Today, as defined by the Militia Act of 1903, the term "militia" is used to describe two classes within the United States:[8][non-primary source needed]

Since 1933,[citation needed] Congress has organized the National Guard under its power to "raise and support armies" and not its power to "Provide for organizing, arming and disciplining the Militia".[12][needs context] Congress chose to do this in the interests of organizing reserve military units which were not limited in deployment by the strictures of its power over the constitutional militia, which can be called forth only "to execute the laws of the Union, suppress insurrections and repel invasions." Most modern organizations calling themselves militias are illegal private paramilitary organizations without the official sanctioning of a state government.[13][14]

  1. ^ Spitzer, Robert J.: The Politics of Gun Control, Page 36. Chatham House Publishers, Inc., 1995.
  2. ^ Justice Scalia, Opinion of the court. SUPREME COURT OF THE UNITED STATES DISTRICT OF COLUMBIA, et al., PETITIONERS v. DICK ANTHONY HELLER: on writ of certiorari to the united states court of appeals for the district of columbia circuit. 2008. "... the 'militia' in colonial America consisted of a subset of 'the people'—those who were male, able bodied, and within a certain age range."
  3. ^ Young, David E. The American Revolutionary Era Origin of the Second Amendment's Clauses. JOURNAL ON FIREARMS & PUBLIC POLICY, Volume 23. 2011. Extended excerpt from Mason's Fairfax County Militia Plan. 1776.
  4. ^ The Federalist Papers No. 29, Hamilton, Alexander. Concerning the Militia. Daily Advertiser. 1788. "What plan for the regulation of the militia may be pursued by the national government, is impossible to be foreseen ... were the Constitution ratified ... 'The project of disciplining all the militia of the United States is as futile as it would be injurious, if it were capable of being carried into execution.'"
  5. ^ The Federalist Papers, No. 46, Madison, James Jr. New York Packet. 1788. "... the State governments, with the people on their side, would be able to repel the danger. ... a militia amounting to near half a million citizens [~1/5 of the free population] with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence."
  6. ^ U.S. Constitution, Article I, Sec. 8 : "Congress shall have the Power ... To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;"
  7. ^ U.S. Constitution, Article II, Sec. 2, Clause 1: "The President shall be the Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States when called into the actual service of the United States."
  8. ^ "10 USC Ch. 12: THE MILITIA". uscode.house.gov.
  9. ^ "32 U.S. Code § 109 - Maintenance of other troops". LII / Legal Information Institute.
  10. ^ Department of Defense, Under Secretary of Defense for Personnel and Readiness, Military compensation background papers, Seventh edition, page 229. Department of Defense, 2005.
  11. ^ Beard, Charles Austin: Readings in American Government and Politics, Page 308. Macmillan, 1909. "Sec. 1. That the militia ... shall be divided into two classes ... the organized militia, to be known as the National Guard ... and the remainder to be known as the Reserve Militia."
  12. ^ H.R. Report No. 141, 73rd Cong. 1st session at 2-5 (1933)
  13. ^ "Fact Sheets on Unlawful Militias for All 50 States". Georgetown Law’s Institute for Constitutional Advocacy and Protection. September 22, 2020. Retrieved 2024-08-13.
  14. ^ Cite error: The named reference :1 was invoked but never defined (see the help page).

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