The text of federal Militia Act of 1792 seems to define the militia subject to the President's control in terms of then-existing state militias. It provides, in part:
That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States, to call forth such number of the militia of the state or states most convenient to the place of danger or scene of action as he may judge necessary to repel such invasion, and to issue his orders for that purpose, to such officer or officers of the militia as he shall think proper; and in case of an insurrection in any state, against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such state, or of the executive (when the legislature cannot be convened) to call forth such number of the militia of any other state or states, as may be applied for, or as he may judge sufficient to suppress such insurrection. (link to full text below) http://mac110.assumption.edu/aas/Reports/militiaact1792.html The current federal militia act, 10 U.S.C. sec. 311, refers to the "militia of the United States" and makes no mention of state militias. (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. Obviously, the creation of the National Guard and the decline of many state militias played a role in this evolution. Does anyone have, or know of, a good, concise discussion of the statute from 1792 to the current statute? What is relationship, if any, between the (b) (2) class of the current militia of the United States and the militia described in the 1792 statute. Thanks!
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