Eleanor Finch
The term militia has evolved over time, and today, it often carries negative connotations and is used to describe groups engaging in rebellious activity. However, the US Constitution addresses the government's ability to call forth civilian military forces, known as militias, in cases of emergency, civil war, or to suppress insurrection. The Constitution empowers Congress to organize, arm, and discipline this national military force, with the Militia Act of 1903 further defining the term militia as two classes: the organized militia, including the National Guard and Naval Militia, and the unorganized militia, or the reserve militia, consisting of able-bodied male citizens and those intending to become citizens, aged 17 to 45, who are not part of the National Guard or Naval Militia.
| Characteristics | Values |
|---|---|
| Definition | "A military force raised from the civilian population to supplement the regular army in the event of an emergency" |
| Who can be part of the militia? | 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 17 or 18 and 45. |
| Who is exempt? | People who object on religious grounds are exempt from militia duty in a combatant capacity. |
| Who is in charge? | Congress has the power to "organize, arm, and discipline" the militia, but the states appoint the officers and have authority over training. |
| When can the militia be called upon? | The militia can be called forth by the government in the case of civil war, to suppress insurrection, and to repel invasions. |
| What are the penalties for disobedience? | Militiamen who refuse to obey orders can be tried for disobedience. |
| What are the different types of militias? | Organized militia (National Guard and Naval Militia) and unorganized militia (reserve militia, consisting of those not in the National Guard or Naval Militia). |
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What You'll Learn
The militia as a civilian military force
The term "militia" has evolved over time, but it generally refers to a civilian military force that is raised from the population of a country or region to supplement a regular army in an emergency. In the United States, the definition of the militia has changed throughout history. During colonial times, all able-bodied men within a certain age range were members of the local militias, which served as a means of defence for individual towns.
The US Constitution addresses the government's ability to call forth civilian military forces or militias. The Militia Clauses in the Constitution outline the role and authority of Congress in organising, arming, and disciplining the militia. The Second Amendment of the Constitution, which states that "a well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed," has been interpreted by some as recognising the right of civilians to form militias.
The National Defense Act of 1916 brought the militia under federal control, defining the "militia of the United States" as all able-bodied male citizens and those intending to become citizens, between the ages of 18 and 45. The act also included the National Guard as part of the organised militia. Today, the term "militia" is often associated with rebellious activity, and most modern organisations using the term are illegal private paramilitary groups without official sanctioning.
The Militia Act of 1903 further defined the militia as consisting of two classes: the organised militia, including the National Guard and Naval Militia, and the unorganised militia, or reserve militia, comprising able-bodied men between 17 and 45 who are not members of the National Guard or Naval Militia. The National Guard, as a state and federal institution, can be called upon in national emergencies, and its members are subject to dual enlistment in both state and federal capacities.
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The government's ability to call forth militias
The US Constitution addresses the government's ability to call forth civilian military forces, or militias, in the event of an emergency. The Militia Act of 1903 defines two classes of militia: the organised militia, consisting of the National Guard and Naval Militia; and the unorganized militia, which is made up of able-bodied men over 17 and under 45 who are not members of the National Guard or Naval Militia.
The Constitution gives Congress the power to "organize, arm, and discipline" this national military force, while leaving control in the hands of each state government. The National Defense Act of 1916 brought the militia, which had been a state institution, under federal government control. This act defined the "militia of the United States" as "all able-bodied male citizens of the United States and all other able-bodied males" between 18 and 45 who had declared their intention to become citizens.
The Militia Clauses do not constrain Congress in raising and supporting a national army. The Supreme Court has approved the system of "dual enlistment", where enlistees in state militias are simultaneously enlisted in the National Guard of the United States. When called to active duty, they are relieved of their status in the state militia. There is no constitutional requirement that a national emergency be declared before federal duty training can take place outside the US.
The federal government may call out the militia in the case of civil war, or to suppress rebellion. The President was delegated this power in 1795, and it was held to be constitutional. The states, as well as Congress, may prescribe penalties for failure to obey the President's call of the militia.
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The militia's evolution from a state institution
The Second Amendment of the U.S. Constitution gives the government the right to call forth civilian military forces, or militias, in the event of an emergency. Historically, during colonial America, militias were local, independent groups of all able-bodied men within a certain age range, formed for community defence. The Constitution empowered Congress to "organize, arm, and discipline" this national military force, with significant control also given to state governments.
The Militia Act of 1903 defined two classes of militias: the organised militia, consisting of the National Guard and Naval Militia, and the unorganized militia, comprising the reserve militia of able-bodied men over 17 and under 45 years of age, who were not members of the National Guard or Naval Militia. The National Defense Act of 1916 further defined the militia of the United States as "all able-bodied male citizens of the United States and all other able-bodied males" between 18 and 45 who had declared their intention to become citizens. This act brought the militia, previously a state institution, under federal government control.
The term "militia" has evolved over time. Today, it often refers to illegal private paramilitary organizations that engage in rebellious activity. However, the National Guard, a component of the modern militia, traces its roots back to these early local militias. The Continental Army, for example, was viewed as a dominating force over local communities, and local militias often exaggerated their performance in comparison.
The Militia Clauses in the Constitution outline the powers of Congress and state governments regarding militias. Congress has the power to organize, arm, and discipline militias, while the states have the authority to appoint officers and prescribe penalties for failure to obey the President's call to action. The Militia Clauses do not constrain Congress in raising a national army, and the Supreme Court has approved a system of "dual enlistment", where members of state militias are also enlisted in the National Guard of the United States.
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Congress's power to organise militias
The US Constitution grants Congress the power to organise militias. This power is outlined in Article I, Section 8, Clause 16, which states that Congress has the authority to "provide for organizing, arming, and disciplining, the Militia".
The Militia Act of 1903 defines the term "militia" as two classes: the organised militia, consisting of the National Guard and Naval Militia, and the unorganised militia, which includes all able-bodied men between the ages of 17 and 45 who are not members of the National Guard or Naval Militia. The National Guard, a state militia, falls under federal control in certain circumstances, such as when its members are called to active duty.
The Supreme Court has characterised Congress's power over the militia as "being unlimited, except in the two particulars of officering and training them" under the Militia Clauses. This means that while Congress can determine the size of the militia in proportion to the population of the states, the appointment of officers, and the authority to train the militia are reserved for the states.
The Militia Clauses do not constrain Congress in raising and supporting a national army. This means that Congress has the power to determine the extent to which it exercises its authority over the militia, as long as it does not infringe on the state's authority in officering and training.
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Militia duty: exemptions
The US Constitution gives Congress the power to "organize, arm, and discipline" a national military force, while leaving significant control in the hands of each state government. The Militia Act of 1903 defines the term "militia" as two classes: the Organized Militia, consisting of the National Guard and Naval Militia, and the Unorganized Militia, or the reserve militia, which includes every able-bodied man aged 17 to 45 who is not a member of the National Guard or Naval Militia.
Over time, the militia has evolved from a purely state-controlled institution to one that falls under the control of the National Government, particularly in times of national emergency. The President serves as Commander in Chief of the Militia of the several States when called into actual service.
While the Militia Clauses do not constrain Congress in raising and supporting a national army, there are certain exemptions from militia duty that are recognized. These include:
- Religious beliefs: While those with religious objections to bearing arms are exempt from militia duty in a combatant capacity, they may still be required to serve in noncombatant roles as determined by the President.
- Vice President and certain government officials: The Vice President, as President of the Senate, along with judicial and executive officers of the United States, the several States, Puerto Rico, Guam, and the Virgin Islands are exempt.
- Members of the armed forces: Those serving in the armed forces, with the exception of those not on active duty, are not required to be in the reserve militia pool.
- Veterans: Former regular component veterans of the armed forces who have reached the age of 64 are exempt.
- Customhouse clerks and certain government employees: Customhouse clerks, as well as persons employed by the United States in the transmission of mail, are exempt from militia duty.
- Workmen in military installations: Workmen employed in armories, arsenals, and naval shipyards of the United States are not required to be in the militia.
These exemptions outline specific categories of individuals who are not expected to serve in the militia, even in times of national emergency. It is important to note that the specifics of these exemptions may evolve over time through legislative and judicial interpretations of the Constitution.
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Frequently asked questions
A militia is a military force raised from the civilian population to supplement the regular army in the event of an emergency.
The US Constitution addresses the government's ability to call forth civilian military forces known as militias. The Militia Act of 1903 defines the term "militia" as two classes: the organised militia, consisting of the National Guard and Naval Militia, and the unorganized militia, comprising the reserve militia of able-bodied men over 17 and under 45 who are not members of the National Guard or Naval Militia.
Congress has the power to organise, arm, and discipline militias, and to govern those employed in the service of the United States. Congress can also prescribe penalties for failure to obey the President's call to action.
State governments have the authority to appoint officers and train militias according to the discipline prescribed by Congress. They can also prescribe penalties for failure to obey the President's call to action.
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