Role of the Militia

The role of the Militia was to fulfill the three fundamental security duties the Constitution requires in Article I, Section 8, Clause 15:

  • “execute the Laws of the Union”
  • “suppress Insurrections”
  • “repel Invasions”

Constitutionally the Militia have a national role, but it’s a limited one. Congress is given two basic powers with respect to the Militia:

  • 1.) ‘Organize’, ‘arm’, and ‘discipline’ the Militia- Article 1, Section 8 Clause 16

    The purpose the Founding Fathers had in mind with this power was to provide uniformity, because these institutions (i.e., Militia) are State institutions. And the reality was, that although there was a greet deal of uniformity in the structure of the Militia, there was a lack of uniformity in terms of equipment, discipline, and training. And to the extent that the Militia may be called upon to cooperate with the Army or the Navy in a military type of situation causes all sorts of logistical problems in those days. So Congress was given the authority to provide for uniformity in the organization, essentially the structural operation of the Militia.

  • 2.) Congress is given the authority to ‘provide for calling forth the Militia’- Article 1, Section 8, Clause 15. Calling them forth from where?

    From the states where they are. The Constitution doesn’t talk about “call[ing] forth” the Army or the Navy, because those are the “land and naval Forces of the United States.” So they are always subject to control by Congress and the President at all times for all legitimate purposes. But the Militia are not. They are subject to being called forth from the States for only three purposes listed in  Article 1, Section 8, Clause 15 of the Constitution:

    • “execute the Laws of the Union”
    • “suppress Insurrections”
    • “repel Invasions”

    **That is a very good definition of a “Homeland Security” Structure. You have the whole Constitutional “Homeland Security” Structure written down right there.

FACT : The Militia are the only structures that are given explicitly the authority to “execute the laws”. That power is not given to the Army or the Navy. The “Department of Homeland Security”, the FBI, CIA, NSA, and other professional police forces as America experiences them today can assert no constitutional claim to exist. The only constitutional entity that are given the direct and explicit authority to “execute the Laws of the Union” are the “Militia of the several States”. The Militia structure ties in directly with the President’s duties.