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Old 06-26-2016, 11:23 AM   #1
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The Militia Act of 1792

Interesting, the Federal Standards For The Organization of the Militia calls for the militia's to be made up " white male citizens".

http://www.constitution.org/mil/mil_act_1792.htm
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Old 06-27-2016, 11:02 AM   #2
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Originally Posted by Trex View Post
Interesting, the Federal Standards For The Organization of the Militia calls for the militia's to be made up of "white male citizens".

The Militia Act of 1792
Since the militia is to serve under the direction of the President and out current President is Black and our next term President may be female, again, I find this interesting.
Certainly the requirement of "white male citizens" is no longer pertinent to the society we now live in.
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Old 06-27-2016, 01:13 PM   #3
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That's how we have a draft, which is simply calling up the militia. Of course, they draft non-white guys these days, but ladies are still exempt (I think). Lefties would have us believe that the "militia" is a bunch of guys in uniform but it is, of course, the able-bodied citizenry.
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Old 06-27-2016, 02:20 PM   #4
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Originally Posted by charliea View Post
That's how we have a draft, which is simply calling up the militia. Of course, they draft non-white guys these days, but ladies are still exempt (I think). Lefties would have us believe that the "militia" is a bunch of guys in uniform but it is, of course, the able-bodied citizenry.
Militia is a state level military organization. The draft is not calling up the militia, a draft legally pulls people into the US military.

https://en.wikipedia.org/wiki/State_defense_force
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Old 06-27-2016, 02:35 PM   #5
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Originally Posted by Maineiac64 View Post
Militia is a state level military organization. The draft is not calling up the militia, a draft legally pulls people into the US military.

https://en.wikipedia.org/wiki/State_defense_force
Beg to differ. Even that Wiki article says The federal government recognizes state defense forces, as per the Compact Clause of the U.S. Constitution, under 32 U.S.C. 109 which provides that state defense forces as a whole may not be called, ordered, or drafted into the armed forces of the United States, thus preserving their separation from the National Guard. However, under the same law, individual members serving in the state defense force are not exempt from service in the armed forces (i.e., they are not excluded from the draft). Under 32 USC 109(e), "A person may not become a member of a defense force ... if he is a member of a reserve component of the armed forces."

On the other hand, the US Constitution says The Congress shall have Power To...To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;.
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Old 06-27-2016, 02:43 PM   #6
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On the other hand, this is sorta interesting (well, sorta boring) reading Supreme Court rules that the draft is constitutional - Selective Draft Law Cases., 38 S. Ct. 159, 245 U.S. 366 (1918) . Reading it, I find that the Supremes found the draft constitutional based on the express authority of congress to wage war, the militia be damned. Go figure.

Last edited by charliea; 06-27-2016 at 02:48 PM.
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Old 06-27-2016, 11:34 PM   #7
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Originally Posted by charliea View Post
Beg to differ. Even that Wiki article says The federal government recognizes state defense forces, as per the Compact Clause of the U.S. Constitution, under 32 U.S.C. 109 which provides that state defense forces as a whole may not be called, ordered, or drafted into the armed forces of the United States, thus preserving their separation from the National Guard. However, under the same law, individual members serving in the state defense force are not exempt from service in the armed forces (i.e., they are not excluded from the draft). Under 32 USC 109(e), "A person may not become a member of a defense force ... if he is a member of a reserve component of the armed forces."

On the other hand, the US Constitution says The Congress shall have Power To...To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;.
Again, draft is not callng up militia, its coscripting individual people into federal military service. A state sponspored militia unit may be called upon for purposes you list but that is not a draft. A member of a militia can be drafted.
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