« Clerking | Main | Dave Kopel roundup on Colorado decision »
Thought on National Guard and the militia
10 U.S. Code sec. 311 gives the legal definition of the federal militia.
(a) says the militia of the US consists of all able-bodied male citizens (or who have declared their intent to become citizens), age 17-45, and of female citizens who are member of the National Guard.(b) says the classes of the militia are the organized militia, the National Guard and Naval Militia, and the unorganized militia, which is all other militia members.
But a bit of research shows retirement age for the Guard is well above 45. In 2005, the Senate approved a measure to lower the retirement age from 50 from 60. Neither of those are mandatory retirement ages, just ones at which (with 20 years' service) it is possible.
It would appear to me that the National Guard thus includes persons who are not members of the "militia of the United States."
Hmm.... and here's an indication that you can enlist in the Guard if you are are permanently admitted to the US and requested permanent residence. I don't know if that requires declaring an intent to become a citizen.
· militia
Comments
I would be interested to know when that law was written, considering that with the advances in medicine and nutrition, men are generally in better health longer. What would be a reasonable upper age ? 65 ?
Posted by: Roger Thompson at June 7, 2006 02:15 PM
I wonder how this fits with the USSC decision in Perpich V. USA. When the Gov. of Minnesota sued to prevent Minnesota Guard units from being deployed to Central America in the late 80's, on humanitarian porjects, bridges, road wells, schools and the like, but very close to areas with gurelleas. As I recall the USSC said that while the Govenor had some say the Guard in the end beloged to the USA and the DOD.
Posted by: shawn at June 7, 2006 08:41 PM
Hmm.... and here's an indication that you can enlist in the Guard if you are are permanently admitted to the US and requested permanent residence. I don't know if that requires declaring an intent to become a citizen.
I don't have a cite but I remember reading somewhere that an alien permanently admitted to the US (Lawful Permanent Resident, a.k.a. Green Card holder) has a presumption in the law that he intends to become a citizen.
Posted by: Kevin P. at June 8, 2006 05:35 AM