Modern dispute over Nat'l Guard
(Via Legal Eagle) The Boston Globe is reporting a brewing conflict over the National Guard. As part of the next round of military base closings, the Pentagon proposes to relocate several NG air units to bases outside their own States. PA, Ill. and other States have sued or are preparing to do so, and the US is of course defending against it. The State's arguments appear to be based on the position that, if the NG is part (at least part) of their militia, they ought at minimum to be asked before it is moved to a different state.
The Federal position here underscores the point I've made before -- the NG is definitely not the functional equivalent of the Framers' "Militia." The functional attributes of that (the attributes which the Framers cited as the reasons for the institution) were that (a) it was composed of all the people, or at least almost all, and (b) it was primarily governed by State officials, not Federal ones.