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Old 01-29-2013, 01:00 PM   #147
dirk digler dirk digler is offline
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Join Date: Jul 2003
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Quote:
Originally Posted by petegz28 View Post
so if the militia isn't made up of private citizens then who???
Notice the words "well regulated".

Also the framers gave the President and Congress ultimate authority over the militia.
Quote:
The framers in Philadelphia gave Congress and the president shared responsibility for the ultimate control of the militia. They also gave state governments important responsibilities and powers in organizing and training militias, while at the same time taking ultimate authority from the states.

Article I of the Constitution gives Congress power to "declare War," "to raise and support Armies,"to "maintain a Navy," to make "Rules for the Government and Regulation of the land and naval Forces," to "provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions," and "to provide for organizing, arming, and disciplining, the Militia." Furthermore, Article I declares that the states may not "keep Troops, or Ships of War in time of Peace." Article II makes the president of the United States the "Commander in Chief of the Army and Navy" and "of the Militia of the several States, when called into the actual Service of the United States." These provisions also contain two important limitations. Congress can only appropriate money for the military for two years,and the states retain the power to appoint all militia officers and to train the militia, provided this training complies with "the discipline prescribed by Congress."

Taken together, these provisions contemplated two levels of military protection for the new nation: (1) a national army created and governed solely by Congress and ultimately under the authority of the president in his capacity as commander in chief, and (2) a system of state militias, essentially organized and under control of the states, but subject to regulation by Congress and to "federalization" at the command of the president. Part of that regulation included the idea that the national government had the power and the obligation to provide arms for the local militias. As Rufus King explained at the Convention, "arming meant not only to provide for uniformity of arms, but included authority to regulate the modes of furnishing, either by the militia themselves, the State Governments, or the National Treasury." Thus, the defense of the United States would rely on both the state militias and the standing army.
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