Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
Each state organizes and controls its own militia, and the national
government has no control over it until it has been called into the
service of the United States, when it becomes subject to the rules and
discipline prescribed for the government of the regular army. In 1795,
Congress passed an act prescribing the conditions under which the
militia might be called into the service of the United States. This act
conferred on the President of the United States the power to call out
the militia whenever, in his judgment, it was necessary or expedient.
Such calls are addressed to the governors of the states, who are the
commanders of their several portions of the militia. When, however, the
militia has been mustered into the service of the United States the
President becomes their commander in chief. In pursuance of this
authority the President has called out the militia on two different
occasions; during the War of 1812 to repel invasion; and during the
Civil War to suppress insurrection. In 1898 when the war with Spain was
declared, the call was issued not for the militia but for
volunteers.[53] Nevertheless many of the volunteers who responded were as
a matter of fact members of the organized militia of their respective
states. In pursuance of authority conferred by Congress in 1916, the
President drafted the organized militia into the federal service in that
year for service on the Mexican border, and again in 1917 on account of
the war with Germany.
[53] This was due to the fact that there was doubt as to whether the
militia could be called out and sent abroad for the purpose of
prosecuting a war against a foreign country, in view of the
specification in the Constitution of the objects for which the militia
may be called into the service of the United States. Under the Act of
1916, the organized militia may be drafted into the service of the
United States for use anywhere if Congress declares that an emergency
exists. They were so drafted in 1917 and sent to Europe, not as
militia, but as a part of the regular army.
_The Naval Militia._--In a number of the seaboard states and some of
those bordering on the Great Lakes, there are organized bodies of naval
militia, with training ships loaned by the United States for the purpose
of drill and instruction. Like the land militia, the naval militia of
each state is under the control of the state and until called into the
federal service is under the command of the governor.[54]
[54] According to the report of the secretary of the navy for 1916, the
naval militia of the states numbered 9,170 men and 636 officers.
Public-domain text, read in full here on John Shaqi.
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