Quote:
Originally Posted by swaghauler
There is still legal debate between the Federal Government and the States about the legality of militias. The Federal Government says that the only authorized militias are National Guard units and that all militias should be regulated by the US government as outlined by the Constitution. Their assertion is the clause that states the Government shall not use the Army to police its citizens in the main body of the document prohibits such organizations. The States claim "State's Right's," and say that such militias are authorized for the STATES under the Second Amendment (as a hedge against Federal aggression). I'm guessing that the Supreme Court will eventually have to make a ruling on this. It is only an issue with a handful of states (mostly southern border states) who have used these militias to assist local law enforcement (mainly along the Mexican border). It does set up an interesting political issue for the Milgov/Civgov debate. The power of a local militia could sway control of a region. Could "friction" between militia and US military or LE units create a problem (this is already happening occasionally in Southern Texas) that "devolves" into open warfare?
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The main issue as I can see it arises when the National Guard is federalised for whatever reason and then transferred out of the state. Some National Guard units would be earmarked for transfer to other regular army units, or a National Guard formation of the size of a brigade or division could reach full mobilisation and be deemed ready for redeployment as part of the Federal US Army, but surely not all of the National Guard would leave the state. Training and support staff would remain in the state, and would National Guard regiments and battalions not be regenerated/recreated; example 1, 2 & 3 Kansas National Guard infantry battalions are sent to Texas so Kansas National Guard forms and starts training 4, 5 & 6th infantry battalions to replace them; ?
Also the fact that State Guards (militias) are not armed sort of says a lot for how much trust the US Federal and state's government has in them.