Militia Clause
From Wikipedia, the free encyclopedia
The term Militia Clause refers to two clauses of the U.S. Constitution Article I, Section 8, Clauses 15 and 16,[1][2], which delegate to Congress the power to provide for call-up, organizing, arming, and disciplining militia, and governing militia when in federal service.
[edit] Text
Article I, Section 8, Clauses 15 and 16:
| “ | The Congress shall have power . . . To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; 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; |
” |
[edit] See also
- The Second Amendment has two parts, with the first part containing the word "militia". That first part is sometimes referred to as the "militia 'clause'" of the Second Amendment.[3]
- U.S. Const. Art. II, Section 2, cl. 1: authorizes the President to command the militia.
[edit] Notes
- ^ Popular Names of Constitutional Provisions, Updated Oct. 29, 2007.
- ^ Harvard Law Review, December 1940.[1]
- ^ Robert A. Levy, Ph.D., J.D, Testimony before the Committee on Government Reform, U.S. House of Representatives, June 28, 2005, Oversight Hearing on the District of Columbia's Gun Control Laws. Example of use of phrase "militia clause" to refer to first clause of Second Amendment, and inclusion of the Article II power. Online copy
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