Militia

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Militia

Annotation

A militia is a military force that is not part of a regular army and is subject to call for service in an emergency. The Congress is authorized to call on the militia in case of emergency. Today, the National Guard would be considered part of the “militia.”

Citations

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Article 1, Section 8, Clause 15

Article 1, Section 8, Cluase 16

Article 2, Section 2, Cluase 1

Amendment 2

Citations

Article 1, Section 8, Clause 15

(The Congress shall have Power) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

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Article 1, Section 8, Cluase 16

(The Congress shall have Power) 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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Article 2, Section 2, Cluase 1

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

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Amendment 2

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.

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