Constitutional law on militias

  • 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."
The act of February 28, 1795, which delegated to the President the power to call out the militia, was held constitutional. A militiaman who refused to obey such 

What is a divided militia?

The act divided militia of the United States—defined to include all able-bodied male citizens of the United States and all other able-bodied males who have

declared their intention to become citizens of the United Statesbetween the ages of eighteen and forty-five—into several classes of organized militias, including the National Guard

Who is considered a “militia of the United States”?

The term “militia of the United States” was defined to comprehend “all able-bodied male citizens of the United States and all other able-bodied males who have

declared their intention to become citizens of the United States,” between the ages of eighteen and forty-five

Who wrote the Militia Clauses of the Constitution & the National Guard?

Alan Hirsch, The Militia Clauses of the Constitution and the National Guard, 56 U

Cin L Rev 919 (1988)

Analyzing the Framers’ debate over control of the militia and the historical development of the militia in order to resolve several important constitutional issues that arise from the modern-day National Guard’s hybrid state-federal status

Constitutional law on militias
Constitutional law on militias

Political movement of paramilitary groups in the US

American militia movement is a term used by law enforcement and security analysts to refer to a number of private organizations that include paramilitary or similar elements.
These groups may refer to themselves as militia, unorganized militia, and constitutional militia.
While groups such as the Posse Comitatus existed as early as the 1980s, the movement gained momentum after standoffs with government agents in the early 1990s.
By the mid-1990s, such groups were active in all 50 US states, with membership estimated at between 20,000 and 60,000.
The Connecticut State Militia are the Armed Forces of the State of Connecticut under the authority of the Governor and the Adjutant General of the state.
This is a list of active and armed militia organizations in the United States.
While the two largest militias are the Oath Keepers and the 3 Percenters, there are numerous smaller groups.
A militia is generally an army or some other fighting organization of

A militia is generally an army or some other fighting organization of

Force of non-professional soldiers

A militia is generally an army or some other fighting organization of non-professional and/or part-time soldiers; citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of regular, full-time military personnel; or, historically, to members of a warrior-nobility class.
When acting independently militias are generally unable to hold ground against regular forces; militias commonly support regular troops by skirmishing, holding fortifications, or conducting irregular warfare, instead of undertaking offensive campaigns by themselves.
Local civilian laws often limit militias to serve only in their home region, and to serve only for a limited time; this further reduces their use in long military campaigns.
Militias may also, however, serve as a pool of available manpower for regular forces to draw from, particularly in emergencies.
The militia of the United States

The militia of the United States

US paramilitary force

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

1792 U.S. laws regarding the organization and presidential command of militias

Two Militia Acts, enacted by the 2nd United States Congress in 1792, provided for the organization of militia and empowered the president of the United States to take command of the state militia in times of imminent invasion or insurrection.

Paramilitary organization based in the United States

The New York Light Foot Militia (NYLFM) is a militia movement organization founded by George Curbelo in 2015 in the U.S. state of New York.

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