[GrandEagle]

3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
Trying to remember......
This is an old argument put to rest by another SCOTUS ruling somewhere in the early 1900's. It seems that nowhere is the congress authorized to send the militia overseas, and in fact are very limited in what they can even call them up for. It ruled (could have been an opinion of the court) that the Guard is routinely sent overseas and therefore could not be the militia. It defined the militia as able bodied males withing a certain age range.
------ anybody remember anything about this? ------

GE

[El Gato]

It ruled (could have been an opinion of the court) that the Guard is routinely sent overseas and therefore could not be the militia

The Guard is only the militia, or part of it that is, when serving in their state role. Once they are federalized, they are part of the Army or Air Force. We say they are "dual hatted". In point of fact, all Guardsmen are members of the reserve of the appropriate federal service, as well as members of the National Guard of their state.

When I became an Air National Guardsman, I did not need to get a new ID card, as the ID card was the same as I carried as an Air Force Reservists. I did need to take a new commissioning oath, to the state as well as to the federal Constitution.