Clause 15 delegates to Congress the power to provide for “calling forth the militia” in three situations only: 1) to execute the laws of the union, 2) to suppress insurrections, and 3) to repel invasions.
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Thanks for bringing this up, I was intrigued. It appears that even though the power to call forth the militia rests with Congress, the authority to direct the militias called forth rests with the Commander in Chief. So, it would be worthless to provide militias to a Commander in Chief who won’t properly employ them.
https://www.armfor.uscourts.gov/ConfHandout/2023ConfHandout/Leider5MilitiaClause1CallingForth.pdf
Can they delegate them to the states? Is the Governor the Commander of the State National Guard?
I heard something interesting about The SCotUS decision... While the Border Patrol can take it down Texas is NOT prohibited from putting it back up!!! So Texas NG can go along right behind the Border Patrol putting it back up... This also perhaps means that the BP cannot destroy it as it is the Property of Texans!!
Originally state militias belonged to the state and were at their Governor’s command. My understanding is the call forth clause was a mechanism for the federal government to bring militias under federal control.
Basically, I think the National Guard represents a standing militia that is permanently subject to the call forth clause. They are funded with Federal funds and can be nationalized at the President’s whim.
It seems DeSantis is the sole Governor who has taken steps to create an old-style state militia that is not beholden to the federal government.