Militia Clause

Militia Clause

The term Militia Clause refers to two clauses of the U.S. Constitution Article I, , Clauses 15 and 16,, [ [http://lib.law.washington.edu/ref/consticlauses.html Popular Names of Constitutional Provisions] , Updated Oct. 29, 2007.] ["Harvard Law Review", December 1940. [http://links.jstor.org/sici?sici=0017-811X(194012)54%3A2%3C181%3ATMCOTC%3E2.0.CO%3B2-N] ] which delegate to Congress the power to provide for call-up, organizing, arming, and disciplining militia, and governing militia when in federal service.

Text

Article I, Section 8, Clauses 15 and 16:

ee 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. [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. [http://www.cato.org/testimony/ct-rl062805.html Online copy] ]

*: authorizes the President to command the militia.

* Perpich v. Department of Defense

Notes


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