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Re: al44 post# 165

Tuesday, 04/17/2007 8:38:18 PM

Tuesday, April 17, 2007 8:38:18 PM

Post# of 16427
Constitutional charter of the National Guard
The Army National Guard's charter is the Constitution of the United States.

Article I, Section 8 of the U.S. Constitution contains a series of "militia clauses", vesting distinct authority and responsibilities in the federal government and the state governments.

1) Article I, Section 8; Clause 15

The Congress shall have Power ... To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.

National Guardsmen, Penn Station, New York City2) Article I, Section 8; Clause 16

The Congress shall have Power ... 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.
3) Article I, Section 8, Clause 12

"The Congress shall have Power ... To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years"
4) Article I, Section 10 Clause 3

"No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."
5) The Second Amendment

"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."
6) Article IV, Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
7) Article II, Section 2

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; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.


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