questions about the Constitution

Cuz

New member
Ive read discussions about what exactly a "militia' was. In article 1, section 8, lines 15 and 16 it states:

15.To provide for calling forth the Militia to execute the Lawsof the Union, suppress Insurrections and repel Invasions;
16.To provide for organizing, arming, and disciplining, the Militia,

Am I wrong or does this give proof that the "militia" they describe is actually citizens not already serving in the military?
I found this in the library section of the firing lines homepage...
 
This should be plenty of proof for you. You probably don't live in NM but after the text from the USC is a excerpt from the NM Constitution as well.

10 USC Chapter 13
Sec. 311. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, 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.
Sec. 312. Militia duty: exemptions
(a) The following persons are exempt from militia duty:
(1) The Vice President.
(2) The judicial and executive officers of the United States,
the several States and Territories, and Puerto Rico.
(3) Members of the armed forces, except members who are not on
active duty.
(4) Customhouse clerks.
(5) Persons employed by the United States in the transmission
of mail.
(6) Workmen employed in armories, arsenals, and naval shipyards
of the United States.
(7) Pilots on navigable waters.
(8) Mariners in the sea service of a citizen of, or a merchant
in, the United States.
(b) A person who claims exemption because of religious belief is exempt from militia duty in a combatant capacity, if the conscientious holding of that belief is established under such regulations as the President may prescribe. However, such a person is not exempt from militia duty that the President determines to be noncombatant.
Title 32 Chapter 3
Sec. 313. Appointments and enlistments: age limitations
(a) To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age.
(b) To be eligible for appointment as an officer of the National Guard, a person must -
(1) be a citizen of the United States; and
(2) be at least 18 years of age and under 64.
New Mexico Constitution
Article XVIII - Militia
Section 1. [Composition, name and commander in chief of militia.]
The militia of this state shall consist of all able-bodied male citizens between the ages of eighteen and forty-five, except such as are exempt by laws of the United States or of this state. The organized militia shall be called the "national guard of New Mexico," of which the governor shall be the commander in chief.
Sec. 2. [Organization, discipline and equipment of militia.]
The legislature shall provide for the organization, discipline and equipment of the militia, which shall conform as nearly as practicable to the organization, discipline and equipment of the regular army of the United States, and shall provide for the maintenance thereof.




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Desertscout
desertscout@hotmail.com

"The very atmosphere of firearms anywhere and everywhere restrains evil interference -- they deserve a place of honor with all that is good."
--George Washington
 
Go to the House of Representatives On-Line Law Library. I don't have the URL just off-hand, but any search engine should take you there.

At the site enter 'militia' into the site search engine.

I think you may be rather surprised by what pops up.

LawDog
 
Under the militia laws in effect before the Civil War the militia could not be ordered to serve outside the borders of the United States and its territories. When the goverenment wanted non-regular army troops they had to call on the militia to volunteer for foreign service.
That is why you will not read about a militia reginent fighting in Mexico during the Mexican-American War but will read about volunteer regiments from individual states.
As an example, the First Mississippi Volunteers, not the First Mississippi Militia.
 
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