"Robert Sturgeon" wrote in message
...
On Mon, 29 Nov 2004 11:44:21 -0500, "Ed Huntress"
wrote:

"Robert Sturgeon" wrote in message
.. .
On Mon, 29 Nov 2004 02:52:32 -0500, "Ed Huntress"
wrote:

(snips)

As of 1916, the state militia (plural) are now the National Guard, and
the
dual state-federal control is now fully explicit (amended in 1920).

The fly in that ointment is that the National Guard does not
meet the Constitutional requirements for state militias.

Really? Tell us about that one.

In Article 3, Section 8:

"To provide for the organizing, arming, and disciplining,
the Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to
the States respectively, the Appointment of the Officers,
and the Authority of training the Militia according to the
discipline prescribed by Congress;"

That does not describe how the National Guard operates.

Uh, yeah, it is, precisely. Officers of the states' National Guards are
appointed by the respective governors (through their surrogates, of course).

It gets tricky when the federal government has called a unit to national
service. Then the existing officers have to be accepted by through US
military procedures. But they're not in state-militia service under those
conditions.

Basically, the National Guard, when not in time of war or not called to
federal service, consists of the organized state militias. They're still
nominally under state control under those conditions.

Ed Huntress