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What is the militia and who are the participants? Let’s see.
The Constitution of the United States delineates the powers of the legislative, executive and judiciary branches of the federal government. With respect to the
militia, Congressional powers are:
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Article 1, Section 8, Clause 1: The Congress shall have Power To... provide for the common Defence and general Welfare of the United States;
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Article 1, Section 8, Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
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Article 1, 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.
The Executive power is cited as:
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Article 2, Section 2, Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States,
when called into the actual Service of the United States.
The details of these powers are fleshed out in the US Code:
10 USC Sec. 311 01/02/01 TITLE 10 - ARMED FORCES Subtitle A - General Military Law, PART I - ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 13 - THE MILITIA,
Sec. 311. Militia: composition and classes -STATUTE-
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.
The classes of the militia are -
the organized militia, which consists of the National Guard and the Naval Militia; and the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the
Naval Militia.
The Constitutions and codes of the various states should be researched by their residents. I will speak to Virginia.
The Constitution of the Commonwealth of Virginia in Section 13. Militia; standing armies; military subordinate to civil power:
That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall
not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil
power.
And the Code of Virginia, in § 44-1. Composition of militia:
The militia of the Commonwealth of Virginia shall consist of all able-bodied citizens of this Commonwealth and all other able-bodied persons resident in this
Commonwealth who have declared their intention to become citizens of the United States, who are at least sixteen years of age and, except as hereinafter provided, not more than fifty-five years of age. The
militia shall be divided into four classes, the National Guard, which includes the Army National Guard and the Air National Guard, the Virginia State Defense Force, the naval militia, and the unorganized
militia.
Thus, answering the question "What is the militia and who are the participants?"...
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IF you are not a Regular in the active Armed Forces of the United States and you are a male Citizen of the United States in a certain age bracket
and able-bodied - or a female citizen in the National Guard - YOU are the Militia; and,
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IF you are not in the various National Guard or Reserve forces, are an able-bodied male citizen in a certain age bracket, YOU are the
Unorganized Militia; and, in Virginia,
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IF you are not in the National Guard, are an able-bodied female citizen of Virginia, and otherwise qualifying in age, YOU are the
Unorganized Militia.
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