The militia of the United States is more than just the National Guard.
Long before the Revolution, American colonies required militia service of most males “between sixteen and sixty, excepting clergy, college students, slaves, and, often, free blacks.”1 During the war for independence, this militia system provided a broad resource of men, the number of militiamen who served far outnumbering those in the Continental Army, though the Continentals “were the backbone of the struggle almost from the beginning.”
In 1777, the Articles of Confederation forbade, “any body of forces be kept up, by any State, in time of peace,” but required that, “every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered.”2
After the war, public sentiment strongly opposed standing armies, seen as the hallmark of a tyrannical government. Despite the unpredictability and unreliability of Revolutionary War militias, the common view was that adequate defense of country and laws could be secured through the Militia – civilians primarily, soldiers on occasion. Writings, debates, and history from that period demonstrate the significance attributed to the term Militia. “These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense… And, further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.”3
Ratified June 21, 1788, the US Constitution assigned Congress military related powers,
- To raise and support Armies…;
- To provide and maintain a Navy;
- 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.4
“Unlike armies and navies, which Congress is given the power to create, the militia is assumed by Article I already to be in existence.” This is consistent with the concept of the militia as a pool consisting of all able-bodied men, from which Congress has the power to organize units into an effective fighting force. “Although the militia consists of all able-bodied men, the federally organized militia may consist of a subset of them.”5
In a 1792 Militia Act, Congress codified the extent of the militia: “That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia…” and required that each citizen enrolled “within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder…”6
Earlier acts were superseded by the Militia Act of 1903, which provided: “That the militia shall consist of every able-bodied male citizen of the respective States, Territories,and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes – the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the remainder to be known as the Reserve Militia.”7
Current law:
§246. Militia: composition and classes8
(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.
Disclaimer: This article is intended to clarify the meaning of the word Militia as used in the US Constitution, including its use in the Second Amendment. It is intended to be neutral on the topics of gun rights and gun control.
Sources and links:
- A Common American Soldier, The Colonial Williamsburg Foundation (accessed May 15, 2019)
- Article VI, Articles of Confederation, Library of Congress pdf (accessed May 16, 2019)
- U.S. v. Miller, 307 U.S. 174 (1939), Supreme Court, Library of Congress pdf (accessed May 15, 2019)
- US Constitution, Article I, Section 8, clause 12, 13, 15 (accessed May 16, 2019)
- District of Columbia v. Heller, 554 U.S. 570 (2008), Supreme Court pdf (accessed May 16, 2019
- An ACT more effectually to provide for the National Defence, by establishing an Uniform Militia throughout the United States., Militia Act of 1792, passed May 8, 1792, Constitution Society, (accessed May 16, 2019)
- An Act To promote the efficiency of the militia, and for other purposes, Militia Act of 1903, Approved, January 21, 1903, Library of Congress pdf, (accessed May 16, 2019)
- US Code, Title 10. Armed Forces, Subtitle A. General Military Law, Part I. Organization and General Military Powers, Chapter 12. The Militia, Cornell Law School, Legal Information Institute (accessed May16, 2019.
