FEDERAL LAW

Federal Law

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Federal Law

Introduction

The Second Amendment states, in its entirety: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." A militia is defined as "the whole body of physically fit civilians eligible by law for military service." It has been argued that the term "militia" refers to the National Guard and not the individual citizen. When the Bill of Rights was ratified 15 December 1791, the National Guard as we know it today, did not exist. America's first permanent militia regiments, among the oldest continuing units in history, were volunteer and organized by the Massachusetts Bay Colony in 1636.

Political motivations regarding the issue to include the cultural or societal issues at the time

Today's National Guard is the direct descendent of the volunteer militias of the thirteen original English colonies. The first English settlers brought many cultural influences and English military ideas with them. For most of its history, England had no full-time, professional Army. The English had relied on a militia of citizen-soldiers who had the obligation to assist in national defense.

The first colonists in Virginia and Massachusetts knew that they had to rely on themselves for their own defense. Although the colonists feared the traditional enemies of England, the Spanish and Dutch, their main threat came from the thousands of native Americans who surrounded them.

Americans recognized the important role played by the militia in winning the Revolutionary War. When the nation's founders debated what form the government of the new nation would take, great attention was paid to the institution of the militia.

Even in the mostly rural South, these units tended to be an urban phenomenon. Clerks and craftsmen made up most of the force; the officers, usually elected by the members of the unit, were often wealthier men such as lawyers or bankers. As increasing numbers of immigrants began to arrive in the 1840s and 1850s, ethnic units such as the "Irish Jasper Greens" and the German "Steuben Guards" began to spring up.

Militia units made up 70% of the U.S. Army that fought the Mexican War in 1846 and 1847. During this first American war fought entirely on foreign soil, there was considerable friction between regular Army officers and militia volunteers, a friction that would reappear during subsequent wars. 'Regulars' were upset when militia officers outranked them and at times complained that the volunteer troops were sloppy and poorly disciplined.

But complaints about the militia's fighting abilities declined as they helped win critical battles. The Mexican War set a military pattern, which the nation would follow for the next 100 years: the regular officers provided military know-how and leadership; citizen-soldiers provided the bulk of the fighting troops.

In 1916, 125 years after the 2nd Amendment was ratified, an act was passed, guaranteeing the state militias' status as the Army's primary reserve force, and requiring that all states rename their militia "National Guard". The National Defense Act of 1916 prescribed qualifications for National ...