Narauko
So your argument is sticking your fingers in your ears and shouting “la la la, I can’t hear you”? Just because you don’t believe that a law would ever be used, doesn’t mean it isn’t real and cannot be used. Just because a law was ratified in 1930 doesn’t mean it no longer exists. There is not statue of limitations on how long laws exist for, and laws don’t die of old age.
Yeah, no shit the congress is the only body that can raise an army. No one is arguing otherwise. The army and the militia are two different things. The President activates the National Guard to active duty, done by Executive Order.
Just because the draft is unpopular doesn’t mean that you couldn’t be drafted tomorrow if WW3 broke out. Until it is repealed, it is still the law and can be used. Until there is a lawsuit that takes one of the many laws surrounding the unorganized militia before the Supreme Court and it gets ruled unconstitutional, it’s still legal. Texas, California, New York, Ohio, and Florida all have similar laws to Virginia, none have been struck down as unconstitutional or a violation of the 13th Amendment.
The idea that a foreign power could invade the continental US or that we could have another actual civil war is or should be ridiculous, but that in and of itself won’t stop either of those things from happening. If they do happen, watch how quickly people get drafted into their State Guard when a shooting war is taking place.
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.
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.
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.
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.
10 U.S. Code § 246 - Militia: composition and classes:
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are— (1) the organized militia, which consists of the National Guard and the Naval Militia; and (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
Both the Federalist papers, the militia acts, and current government code confirm that everyone not part of the standing military or national guard as the militia. The militia doesn’t get free guns, they were expected to bring their own privately owned guns and ammunition when called upon. I would not mind free guns though.
Training should be part of the public education system, but gun/hunters safety and shooting sports have been removed because it’s not kosher to expose kids/teens to guns. Due to the prevalence of guns in the US it just makes sense, because treating guns like abstinence only sex ed will have the same shitty results.
The “buy it at Walmart and figure it out” is because you can’t lock rights behind hoops to jump through, so adopting a Swiss model and making fun education/training part of compulsory education is definitely a good minimum.
That is literally every country on earth. The human condition is slavery, genocide, and exploitation, which is why we are the only species left in the genus Homo. This is not a uniquely American thing.
We are far more like ants in our eusociality, and all we can do is hopefully recognize that tribalism for what it is and try to do/be better as we move forward.