Minnesota’s ban on 18- to 20-year-olds obtaining a permit to publicly carry a handgun violates the US Constitution, a federal appeals court ruled Tuesday.
You forget that every adult (codes say male technically, so you could try disarming women and see what the supreme court says) not involved in military service is legally considered to be the unorganized militia, and only the national guard are considered the organized militia.
If called to arms by the President, they would be armed like/by the National Guard and/or requested to bring their own guns. The unorganized militia is also known as the reserve militia to the Guard. Hopefully there is never an invasion severe enough to call the entire country to arms, but it is 100% possible.
Everything is a law that can be changed, even the Constitution. It takes more to change certain laws, like the Constitution, and the Constitution prevents certain things from being part of laws. If you disagree with the 2nd, convince 75% of the country you are correct and we can change the law.
I hate to break it to you, but yes, the President does have that power as the Commander in Chief. Multiple States also have the same codified in State law, and the Governor can do so as well. There are prescriptions for both volunteer requests from the unorganized militia, as well as drafting them as well.
Here is Virginia’s laws on this matter for example, which mirror multiple other states laws:
Article 8. Unorganized Militia.
§ 44-85. Regulations and penalties.
Whenever any part of the unorganized militia is ordered out, it shall be governed by the same rules and regulations and be subject to the same penalties as the National Guard.
1930, p. 965; Michie Code 1942, § 2673(71); 2015, c. 221.
§ 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.
1930, p. 965; Michie Code 1942, § 2673(72); 1958, c. 393.
§ 44-87. Manner of ordering out for service.
The Governor shall, when ordering out the unorganized militia, designate the number to be so called. He may order them out either by calling for volunteers or by draft.
1930, p. 965; Michie Code 1942, § 2673(73); 1944, p. 25; 1958, c. 393; 1984, c. 765.
§ 44-88. Incorporation into the Virginia Defense Force.
Whenever the Governor orders out the unorganized militia or any part thereof, it shall be incorporated into the Virginia Defense Force until relieved from service.
1944, p. 25; Michie Suppl. 1946, § 2673(73); 1984, c. 765; 2011, cc. 572, 586.
§ 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.
1930, p. 965; Michie Code 1942, § 2673(74).
§ 44-90. Punishment for failure to appear.
Every member of the militia ordered out for duty, or who shall volunteer or be drafted, who does not appear at the time and place ordered, shall be liable to such punishment as a court-martial may direct.
1930, p. 965; Michie Code 1942, § 2673(75); 1958, c. 393.
The only body with the authority to raise an Army is Congress. And they have a draft system. Which they’re also trying to get rid of because it’s massively unpopular.
For everyone else the 13th amendment applies. You cannot force someone to work for you. And that Virgina law is from 1930, so unconstitutional from day 1.
If people want to volunteer that’s a different story, but then again, we have organizations for that, state guards, national guards, state reserves, rural emergency volunteer teams, etc.
The idea that any state could draft its people into a militia is ridiculous and unconstitutional.
You forgot half the amendment. These 18 year olds are more than welcome to sign up for military service.
You forget that every adult (codes say male technically, so you could try disarming women and see what the supreme court says) not involved in military service is legally considered to be the unorganized militia, and only the national guard are considered the organized militia.
Oh so now it’s a normal law that we can change.
Tell me are we handing muskets out to the unorganized militia?
If called to arms by the President, they would be armed like/by the National Guard and/or requested to bring their own guns. The unorganized militia is also known as the reserve militia to the Guard. Hopefully there is never an invasion severe enough to call the entire country to arms, but it is 100% possible.
Everything is a law that can be changed, even the Constitution. It takes more to change certain laws, like the Constitution, and the Constitution prevents certain things from being part of laws. If you disagree with the 2nd, convince 75% of the country you are correct and we can change the law.
That isn’t a thing. The closest thing to that is the draft. The president has no authority to call random people to service.
And there’s still the issue of regulating this militia.
I hate to break it to you, but yes, the President does have that power as the Commander in Chief. Multiple States also have the same codified in State law, and the Governor can do so as well. There are prescriptions for both volunteer requests from the unorganized militia, as well as drafting them as well.
Absolutely not.
Here is Virginia’s laws on this matter for example, which mirror multiple other states laws:
Article 8. Unorganized Militia. § 44-85. Regulations and penalties.
Whenever any part of the unorganized militia is ordered out, it shall be governed by the same rules and regulations and be subject to the same penalties as the National Guard.
1930, p. 965; Michie Code 1942, § 2673(71); 2015, c. 221.
§ 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.
1930, p. 965; Michie Code 1942, § 2673(72); 1958, c. 393.
§ 44-87. Manner of ordering out for service.
The Governor shall, when ordering out the unorganized militia, designate the number to be so called. He may order them out either by calling for volunteers or by draft.
1930, p. 965; Michie Code 1942, § 2673(73); 1944, p. 25; 1958, c. 393; 1984, c. 765.
§ 44-88. Incorporation into the Virginia Defense Force.
Whenever the Governor orders out the unorganized militia or any part thereof, it shall be incorporated into the Virginia Defense Force until relieved from service.
1944, p. 25; Michie Suppl. 1946, § 2673(73); 1984, c. 765; 2011, cc. 572, 586.
§ 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.
1930, p. 965; Michie Code 1942, § 2673(74).
§ 44-90. Punishment for failure to appear.
Every member of the militia ordered out for duty, or who shall volunteer or be drafted, who does not appear at the time and place ordered, shall be liable to such punishment as a court-martial may direct.
1930, p. 965; Michie Code 1942, § 2673(75); 1958, c. 393.
That’s great.
It’s still not a thing.
The only body with the authority to raise an Army is Congress. And they have a draft system. Which they’re also trying to get rid of because it’s massively unpopular.
For everyone else the 13th amendment applies. You cannot force someone to work for you. And that Virgina law is from 1930, so unconstitutional from day 1.
If people want to volunteer that’s a different story, but then again, we have organizations for that, state guards, national guards, state reserves, rural emergency volunteer teams, etc.
The idea that any state could draft its people into a militia is ridiculous and unconstitutional.