Raymond, Take a look at two Supreme Court cases related to some of the issues raised: 1) the federalized National Guard case from the 1980s where a State Guard was sent to Central America for training; and 2) the federalized steel mill cases from the 1950s. I believe the Court went into the history of the NG in the one case, and stated the standard for when national assets could be controlled by the federal government in the other. Sorry, I can't remember the cites right now, but perhaps someone else on here can provide that information. You might branch from there into some law review articles about the National Guard case.
Keep in mind that in 1792, there was not much of a standing army, whereas 200+ years later, we have a three-level system of 1) professional, active military; 2) State Guards, National Guard, and retired military subject to recall; and 3) everybody else, i.e. males 17-45, and female members of NG (although they would probably be in level 2 in my model). I think it will be hard to make a direct comparison between the two statutes because of several changes, not the least of which is the increased size of the United States and various state populations. A situation which in 1792 would cause the entire US militia to be called up would at best cause activation of a few NG or State Guard units today. Hope this helps, Scott Hattrup -----Original Message----- From: Raymond Kessler <[EMAIL PROTECTED]> To: [email protected] Sent: Wed, 16 Apr 2008 11:14 am Subject: state militias and militia of the U.S. 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! _______________________________________________ o post, send message to [email protected] o subscribe, unsubscribe, change options, or get password, see ttp://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. nyone can subscribe to the list and read messages that are posted; people can ead the Web archives; and list members can (rightly or wrongly) forward the essages to others.
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