Oklahoma State Militia?

[R. Johnson]

The National Guard of the United States is controlled by the federal government. The National Guard of Oklahoma is controlled by the Oklahoma government. They are two different things. When a National Guard unit is brought up on Title 10 U.S.C. orders it becomes a part of the National Guard of the U.S. However, until such time, that unit is under the control of its state's governor and adjutant general. Regardless of whether or not the governor can prevent the president from federalizing a unit, until federalized by the president they are under control of the governor, and as per the Militia Act of 1903 the National Guard IS part of each states' militia. I am a officer in the Oklahoma National Guard, I have orders from both the Governor and the SECDEF appointing me. Because of my office I am familiar with how the Guard operates. I assure you that the National Guard is a part of the state's militia.

 

[LightningCrash]

The Militia Act of 1903, which created the National Guard, put the Guardsman in the corresponding Reserve forces, making them eligible for Federal activation and service. Refer to several civil rights issues where the state Governor called out the Guard under state control to enforce segregation, then the Guard was federalized and ordered to enforce desegregation.

I have two questions here:
Which law does the President invoke to nationalize the state guard?

Which law are you talking about that changed under GWB?

Looking to do more reading.

 

[WTJ]

I have two questions here:
Which law does the President invoke to nationalize the state guard?

Which law are you talking about that changed under GWB?

Looking to do more reading.

Copied from Wikipedia, but appears accurate and has citations. The President has had the option of use since 1903, as Guardsman were also made Reservists in the Federal Force (Army of the United States, as opposed to Regular Army). The laws that changed, and changed again, are the Defense Authorization Acts of 2007 and 2008.

The United States Congress has enacted various laws which control the National Guard

The Militia Act of 1792
Providing for the authority of the President to call out the Militia, and providing federal standards for the organization of the Militia.
For the 111 years that the Militia Act of 1792 remained in effect, it defined the position of the militia in relation to the federal government. The War of 1812 tested this uniquely American defense establishment. To fight the War of 1812, the republic formed a small regular military and trained it to protect the frontiers and coastlines. Although it performed poorly in the offensive against Canada, the small force of regulars backed by a well-armed militia, accomplished its defensive mission well. Generals like Andrew Jackson proved that, just as they had in the Revolution, regulars and militia could be effective when employed as a team.

The Insurrection Act

The Militia Act of 1862
Providing for the service of persons of African descent in the Militia, and the emancipation of slaves owned by Confederates.

Title 18, U.S. Code, Section 1385: The Posse Comitatus Act of 18 June 1878
Reaction in Congress against the Reconstruction-era suspensions of Southern states' rights to organize militias led to the passage of the Posse Comitatus Act, restricting any person's use of the U.S. Army and, as later amended, the U.S. Air Force in domestic law enforcement (use of the Navy and Marine Corps, being uniformed services within the Department of Defense, is similarly restricted by statute).[12] The U.S. Coast Guard, in its peacetime role within the Department of Homeland Security, and the National Guard, when not in Federal Service, are specifically not limited by this act.

The States revise the military codes - 1881 to 1892

The Militia Act of 1903
Established the creation of the National Guard of the United States as the primary organized reserve force for the U.S. armed forces.

National Defense Act of 1916
This act abandoned the idea of an expandable Regular Army and firmly established the traditional concept of the citizens' army as the keystone of the United States defense forces. It established the concept of merging the National Guard, the Army Reserve, and the Regular Army into the Army of the United States in time of war. The act further expanded the National Guard's role, and guaranteed the State militias' status as the Army's primary reserve force. The law mandated use of the term "National Guard" for that force, and the President was given authority, in case of war or national emergency, to mobilize the National Guard for the duration of the emergency. The number of yearly drills increased from 24 to 48 and annual training from five to 15 days. Drill pay was authorized for the first time.

The National Defense Act Amendments of 1920
This act established that the chief of the Militia Bureau (later the National Guard Bureau) would be a National Guard officer, that National Guard officers would be assigned to the general staff and that the divisions, as used by the Guard in World War I, would be reorganized.

The National Guard Mobilization Act, 1933
Made the National Guard a component of the Army.

The National Defense Act of 1947
Section 207 (f) established the Air National Guard of the United States, under the National Guard Bureau.

The Total Force Policy, 1973
Requires all active and reserve military organizations be treated as a single force.

The Montgomery Amendment to the National Defense Authorization Act for Fiscal Year 1987
provides that a governor cannot withhold consent with regard to active duty outside the United States because of any objection to the location, purpose, type, or schedule of such duty. This law was challenged and upheld by the Supreme Court of the United States in 1990 in Perpich v. Department of Defense.

The John Warner Defense Authorization Act of 2007 Pub.L. 109-364
Federal law was changed in section 1076 so that the Governor of a state is no longer the sole commander in chief of their state's National Guard during emergencies within the state. The President of the United States will now be able to take total control of a state's National Guard units without the governor's consent. In a letter to Congress all 50 governors opposed the increase in power of the president over the National Guard.

The National Defense Authorization Act 2008 Pub.L. 110-181
Repeals provisions in section 1076 in Pub.L. 109-364 but still enables the President to call up the National Guard of the United States for active federal military service during Congressionally sanctioned national emergency or war. Places the National Guard Bureau directly under the Department of Defense as a joint activity. Promoted the Chief of the National Guard Bureau from a three-star to a four-star general.
[edit]

Does that help?

 

[MLR]

Remember, the mail reason I posted the original question was to see if the militia would be a valid way to protect our rights. Many anti's say the right to bear arms is a collective right held only by the militia. If they really believe that then if we were to reestablish the militia in our State by their own reasoning they could not infringe on the rights of the members.

Michael

 

[andrsnsm]

It would be a real jump if the 2nd amendment was deemed "collective" when all other amendments in the Bill of Rights are individual rights. If it is ever deemed a collective right the Constitution will have little meaning after that, all individual rights can be dismissed. The First amendment is already a joke.

 

[WTJ]

Remember, the mail reason I posted the original question was to see if the militia would be a valid way to protect our rights. Many anti's say the right to bear arms is a collective right held only by the militia. If they really believe that then if we were to reestablish the militia in our State by their own reasoning they could not infringe on the rights of the members.

Michael

If you want it to be recognized, lobby the state legislature to reactivate the Oklahoma State Guard, or whatever name it had, along the lines of the Texas State Guard. If you want a rump militia, just start your own. By law, if you fall into the qualifiers, you are already a member of the "Unorganized Militia".

 

[LightningCrash]

If you want it to be recognized, lobby the state legislature to reactivate the Oklahoma State Guard, or whatever name it had, along the lines of the Texas State Guard. If you want a rump militia, just start your own. By law, if you fall into the qualifiers, you are already a member of the "Unorganized Militia".

there also used to be some civil defense league, though they eventually became the emergency management group.
and what was the CAP thing... civil air patrol?

 

[ConstitutionCowboy]

I am a officer in the Oklahoma National Guard, I have orders from both the Governor and the SECDEF appointing me.

First, thank you for your service. What you do is greatly appreciated.

I will, however, point out that the militia clause in the Constitution leaves the appointment of officers to the states exclusively:

Constitution for the United States of America, Article I, Section 8, Clause 16:

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;​

If your appointment involves the feral(federal) government in any way, you are not in a militia as the militia is proscribed in the Constitution, Article I, Section 8, Clause 16.

Woody

 

[dutchwrangler]

Samuel Adams claimed that the Militia is composed of free citizens. And there is therefore no danger of making use of their power to the destruction of their own rights or suffering others to invade them. I read this as a point that the militia must be independent and NOT under control of ANY government... local, state or federal. Otherwise... it's not a militia.