Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Ancesthntr
Final points:

The gateway for the milita to enter federal service is through State Defense Forces of the individual states.

Types of scenarios that were described were:

Catastrophic nuclear attack followed by land invasion of CONUS.

The types of troops, numbers needed, and the numbers of troops each individual state is assigned are determined on a case by case basis either by the President or Congress.

Traditionally Congress has deferred to the President on this point.

Most of the current case law for activation of the milita stems from precedents set in the Civil War and Spanish American War, as well as the two later addendums to the Milita act.

I hope this all helps you! Good luck!
20 posted on 02/25/2003 8:02:06 AM PST by judicial meanz ( socialism- its a mental disorder, not a political view.)
[ Post Reply | Private Reply | To 14 | View Replies ]


To: alieno nomine
bump


21 posted on 02/25/2003 8:05:41 AM PST by phasma proeliator (it's better to die with honor than to live without it)
[ Post Reply | Private Reply | To 20 | View Replies ]

To: judicial meanz
Final Post: Example of state militia law and how it can be called into service: ( Virginia Law is cited:)

§ 44-75.1. Militia state active duty.

A. The Governor or his designee may call forth the militia or any part thereof to state active duty for service in any of the following circumstances:

1. In the event of invasion or insurrection or imminent threat of either;

2. When any combination of persons becomes so powerful as to obstruct the execution of laws in any part of this Commonwealth;

3. When the Governor determines that a state agency or agencies having law-enforcement responsibilities are in need of assistance to perform particular law-enforcement functions, which functions he shall specify in his call to the militia;

4. In the event of flood, hurricane, fire or other forms of natural or manmade disaster wherein human life, public or private property, or the environment is imperiled;

5. In emergencies of lesser magnitude than those described in subdivision 4, including but not limited to the disruption of vital public services, wherein the use of militia personnel or equipment would be of assistance to one or more departments, agencies, institutions, or political subdivisions of the Commonwealth;


Calling the State militia into federal service:

§ 44-86. When ordered out for service.

The commander in chief may at any time, in order to execute the law, suppress riots or insurrections, or repel invasion, or aid in any form of disaster wherein the lives or property of citizens are imperiled or may be imperiled, order out the National Guard and the inactive National Guard or any parts thereof, or the whole or any part of the unorganized militia. When the militia of this Commonwealth, or a part thereof, is called forth under the Constitution and laws of the United States, the Governor shall order out for service the National Guard, or such part thereof as may be necessary; and he may likewise order out such a part of the unorganized militia as he may deem necessary. During the absence of organizations of the National Guard in the service of the United States, their state designations shall not be given to new organizations.

How the Federal request for volunteers is channeled through state government:

44-114.1. Orders transmitted to and through the Governor.

All orders from the federal government or any of its officers, agencies or departments to the state militia of Virginia, including the National Guard, the naval militia, and the unorganized militia which relate to the call, induction, drafting of Virginia state troops of any type or description, into the federal service for active duty or otherwise and withdrawing them from the control of the Governor of Virginia shall be first transmitted to and through the Governor of Virginia. The Governor, as commander in chief of the state militia, shall not approve, consent to, or concur in any such order which has not been transmitted as herein required.




State ability to draft into State militia: ( Not the federal draft)

44-89. Draft of unorganized militia.

If the unorganized militia is ordered out by draft, the Governor shall designate the persons in each county and city to make the draft, and prescribe rules and regulations for conducting the same.




23 posted on 02/25/2003 8:20:16 AM PST by judicial meanz ( socialism- its a mental disorder, not a political view.)
[ Post Reply | Private Reply | To 20 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson