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« Thought experiment with collective rights theory | Main | Fifth Circuit continues to take Second Amendment seriously »

Calling out the militia -- against the Nat'l Guard!

Posted by David Hardy · 6 April 2005 11:16 AM

I found this Cleveland Advocate article (Oct 9, 1920) in the Library of Congress online collections. Apparently some Guardsmen formed a lynch mob, and the local government had to "call out the militia" to stop them.

View image

· militia

2 Comments | Leave a comment

Rivrdog | April 7, 2005 2:40 AM | Reply

This brings up an important historical question: where can I find the most recent examples of the Militia being called up? This 1920 example is the most recent I've heard of.

Follow up question: Does a Sheriff have authority to call up the Militia, or may he only Deputize under his authority?

As a retired Deputy Sheriff, and familiar with Search and Rescue call-ups, I am trying to envision what process might be employed to call up the militia, if a Governor or otherwise empowered elected official wanted to.

Rudy DiGiacinto | April 7, 2005 5:32 PM | Reply

The calling forth of the Militia depends on each state. In Virginia a recent Attorney General Opinion covers this issue in case of a terrorist attack:

http://www.vaag.com/oagstuff/media%20center/opinions/2002opns/02%2D069.htm

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