Misplaced Pages

#876123

48-582: During the 19th century, the militia in each U.S. state and territory operated under the Militia Acts of 1792 , which was extended by the Militia Act of 1795. The 1792 and 1795 acts left the question of state versus federal control of the militia unresolved. In consequence, the federal government could not consistently rely on the militias for national defense. For example, during the War of 1812 , members of

96-678: A life of two years and was invoked to suppress the Whiskey Rebellion in 1794. In 1795, Congress enacted the Militia Act of 1795 , which mirrored the provisions of the expired 1792 Acts, except that the president's authority to call out the militias was made permanent. The Militia Act of 1862 , enacted during the American Civil War , amended the conscription provision of the 1792 and 1795 acts, which originally applied to every "free able-bodied white male citizen" between

144-585: A mobilization the National Guard had to be federalized before the Army could organize volunteer units. The 1908 law also included the creation of the Division of Militia Affairs as the Army agency responsible for overseeing federal training and administrative requirements for the National Guard. The National Defense Act of 1916 , as part of the mobilization prior to U.S. entry into World War I , increased

192-435: A proclamation on August 7, 1794, that invoked the act and called out 13,000 militiamen to put down the rebellion. Congress passed the Militia Act of 1795 , which by and large mirrored the provisions of the expired 1792 act but made the president's authority to call out the militias permanent. The Militia Act of 1808 provided funding for arms and equipment to state militias. The Militia Act of 1795 was, in turn, amended by

240-658: Is considered incorrect in standard American English usage. For the same reason, the correct American English plural form is "attorneys general" rather than "attorney generals". Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which

288-461: Is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside ... Militia members were required to equip themselves with a musket , bayonet and belt, two spare flints, a box able to contain not less than 24 suitable cartridges , and a knapsack. Alternatively, everyone enrolled

336-763: Is the head of the United States Department of Justice (DOJ) and is the chief law enforcement officer of the federal government of the United States . The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States . Under the Appointments Clause of the United States Constitution ,

384-469: Is the practice for the attorney general, along with the other Cabinet secretaries and high-level political appointees of the president , to tender a resignation with effect on the Inauguration Day (January 20) of a new president. The deputy attorney general is also expected to tender a resignation, but is commonly requested to stay on and act as the attorney general pending the confirmation by

432-487: The American Civil War (1861–1865). During the Spanish–American War (1898) some volunteer units were organized, most notably the 1st United States Volunteer Cavalry Regiment, nicknamed " Rough Riders ." The federal government also mobilized several National Guard units which volunteered en masse under the provisions of the volunteer law, and were accepted as volunteer units. Several problems were identified with

480-731: The Mexico–United States border during the Pancho Villa Expedition . In addition, National Guard units were federalized and deployed overseas during World War I . The improvements to the Army–National Guard relationship, the improvements to National Guard training and readiness, and the National Guard's successful service during the Villa Expedition and the First World War brought about by

528-456: The Militia Act of 1862 , which allowed African-Americans to serve in the militias. The 1792 and 1795 acts left the question of state versus federal militia control unresolved. Consequently, the federal government could not consistently rely on the militias for national defense. For example, during the War of 1812 , members of the New York militia refused to take part in operations against

SECTION 10

#1732772153877

576-563: The New York militia refused to take part in operations against the British in Canada, arguing that their only responsibility was to defend their home state. On another occasion, the Governor of Vermont unsuccessfully attempted to recall his state's militia from the defense of Plattsburgh , claiming that it was illegal for them to operate outside of Vermont . As a result, starting in 1812,

624-766: The New York State Assembly from Albany County , District Attorney of Albany County United States Senator from Tennessee , Member of the U.S. House of Representatives from Tennessee 's 3rd district and 5th district, Chief Justice of the Kentucky Court of Appeals Solicitor of the United States Treasury , U.S. Attorney for the Eastern District of Pennsylvania 22nd Secretary of State of Kentucky , United States Senator from Kentucky Member of

672-529: The Spanish–American War (1898). The federal government also mobilized several National Guard units which volunteered en masse and were accepted as volunteer units. The 1795 act was superseded by the Militia Act of 1903 , which established the United States National Guard as the chief body of organized military reserves in the United States. United States Attorney General The United States attorney general ( AG )

720-634: The U.S. House of Representatives from Maryland 's 3rd district Attorney General of Pennsylvania United States Attorney for the District of Virginia , Member of the Virginia House of Delegates from Richmond City 6th Clerk of the Virginia House of Delegates Judge of the Eastern judicial circuit of Georgia, United States Senator from Georgia Acting United States Secretary of War , Attorney General of Maryland Member of

768-581: The U.S. House of Representatives from Massachusetts 's 4th district United States Senator from Kentucky , Speaker of the Kentucky House of Representatives , Attorney General of Kentucky Member of the U.S. House of Representatives from Delaware 's at-large district, Member of Delaware General Assembly United States Minister to the United Kingdom , 3rd Attorney General of Maryland , Mayor of Annapolis , Member of

816-476: The British in Canada, arguing that their only responsibility was to defend their home state. On another occasion, the Governor of Vermont unsuccessfully attempted to recall his state's militia from the defense of Plattsburgh , claiming that it was illegal for them to operate outside Vermont . As a result, starting with the War of 1812, the federal government would create "volunteer" units when it needed to expand

864-625: The Dick Act and subsequent amendments enabled John McAuley Palmer and other National Guard advocates to defeat a 1920 effort to completely replace the National Guard with a federal-only reserve force. The Militia Act of 1903 is referenced in Jack London 's 1908 novel The Iron Heel as "rushed through Congress and the Senate secretly, with practically no discussion" and as introducing the draft for American citizens: "If you refused to go into

912-819: The Forces in the several Counties of this Kingdom" by the English Parliament in 1665. A committee was formed on April 7, 1783, headed by Alexander Hamilton, also including James Madison, to determine what the Military Peace Establishment of the country should be post-revolution. Hamilton first presented the committee's plan on June 18, just two days before what would become known as the Pennsylvania Mutiny of 1783 . After Congress reestablished itself in Trenton, New Jersey,

960-792: The House Militia Affairs Committee, who also served as president of the National Guard Association of the United States . Dick was a veteran of the Spanish–American War and a longtime National Guard member who attained the rank of major general as commander of the Ohio National Guard . Dick championed the Militia Act of 1903, which became known as the Dick Act. The 1903 act repealed the Militia Acts of 1795 and designated

1008-517: The Justice Department. The title, "attorney general" is an example of a noun ( attorney ) followed by a postpositive adjective ( general ). "General" is a description of the type of attorney, not a title or rank in itself ( as it would be in the military ). Even though the attorney general (and the similarly titled solicitor general ) is occasionally referred to as "General" or "General [last name]" by senior government officials, this

SECTION 20

#1732772153877

1056-522: The Militia acts that May, the second on the last day before adjournment. The first Militia Act was passed on May 2, 1792, and provided authority to the president to call out militias of the several states , "whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe". (art. I, ss. 1) The Act also authorized the president to call

1104-472: The National Guard during the Spanish–American War, such as units suffering from low levels of training and readiness and a lack of standardization in organizational structure, uniforms, equipment, leader qualifications and professional development. The Secretary of War Elihu Root and other military leaders took steps to reform the Army, including the National Guard. Root's allies included Charles Dick , Congressman (later Senator ) from Ohio and Chairman of

1152-476: The Regular Army. If Guard units failed to meet Army standards, they would lose federal recognition and federal funding. The Dick Act helped resolve the issue of when the United States government could mobilize the National Guard, but federal authorities were not permitted to order the National Guard to service outside the United States. The Dick Act was amended several times. The Militia Act of 1908 removed

1200-425: The Senate of the new attorney general. For example, upon the inauguration of President Donald Trump on January 20, 2017, then-Attorney General Loretta Lynch left her position, so then-Deputy Attorney General Sally Yates , who had also tendered her resignation, was asked to stay on to serve as the acting attorney general until the confirmation of the new attorney general Jeff Sessions , who had been nominated for

1248-482: The United States Army called the National Guard of the United States. Since then, all National Guardsmen have been members of both their State National Guard and the National Guard of the United States. The improvements to National Guard training and readiness and the resolution of the circumstances under which the National Guard could be federalized led to the call up of National Guard units for service on

1296-479: The United States shall be concerned, and to give his advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments". Some of these duties have since been transferred to the United States solicitor general and the White House counsel . The Department of Justice was established in 1870 to support the attorneys general in

1344-621: The Wabash in 1791, when nearly 1,000 Americans died in battle against the Western Confederacy of American Indians . There was widespread fear that Indian forces would exploit their victory during the recess of Congress. St. Clair's defeat was partly blamed on his army's poor organization and equipment. Upon the final required ratification enabling the Second Amendment reaching Congress January 8, 1792, Congress passed

1392-434: The ages of 18 and 45, to allow African-Americans to serve in the militias. The new conscription provision applied to all males, regardless of race, between the ages of 18 and 54. The Militia Act of 1903 repealed and superseded the Militia Act of 1795 and established the United States National Guard as the body of the "organized militia" in the United States. The Militia act's origins can be traced to "An Act for ordering

1440-496: The calling up of the militia by the president in case of invasion or obstruction to law enforcement were continued in the second act. The statute authorized court martial proceedings against militia members who disobeyed orders. George Washington was the first president to call out the militia in 1794 (just before the 1792 act expired) to put down the Whiskey Rebellion in Western Pennsylvania. Washington issued

1488-463: The committee's altered report was presented on October 23. It was understood at the time that the president did not have the independent power under the United States Constitution to call out the militia and required statutory authorization by United States Congress to do so. The Militia Acts were passed following the enormous losses suffered by General Arthur St. Clair 's forces at the Battle of

Militia Act of 1903 - Misplaced Pages Continue

1536-516: The discharge of their responsibilities. The secretary of state , the secretary of the treasury , the secretary of defense , and the attorney general are regarded as the four most important Cabinet officials in the United States because of the size and importance of their respective departments. Attorney General is a Level   I position in the Executive Schedule , thus earning a salary of US$ 221,400, as of January 2021. It

1584-407: The federal government gained greater control over the National Guard. The President of the United States was empowered to call up the National Guard for up to nine months to repel invasion, suppress rebellion, or enforce federal laws. Guardsmen had to answer a presidential call or face court-martial. States had to organize, equip, and train their units in accordance with the policies and procedures of

1632-539: The federal government would create "volunteer" units when it needed to expand the size of the regular Army. These volunteer units were not militia (though often they would consist of individual militia members or whole militia units which had volunteered en masse ), nor were they part of the regular Army. This solution was also employed during the Mexican–American War (1846–1848), and in the Union Army during

1680-495: The federal subsidy with an annual budget to cover most Guard expenses, including drill pay. The Division of Militia Affairs was expanded to form the Militia Bureau (now National Guard Bureau ). The 1916 law resolved the issues of deploying National Guardsmen overseas by stipulating that they would be discharged as members of the militia and then drafted into federal service, thus removing the National Guard from its status as

1728-641: The militia (per Title 10 of the U.S. Code, Section 311) as two classes: the Reserve Militia, which included all able-bodied men between ages 17 and 45, and the Organized Militia, comprising state militia (National Guard) units receiving federal support. The Dick Act included $ 2 million (equivalent to $ 67,822,200 in 2023) for National Guard units to modernize equipment, and permitted states to use federal funds to pay for National Guard summer training encampments. The National Guard in each state

1776-629: The militia of the states when operating under federal authority. This provision was employed to call up the National Guard during the Pancho Villa Expedition , and again during World War I . Other amendments were the National Defense Act of 1920 , and the National Defense Act Amendments of 1933. The 1933 Act amended the National Defense Act of 1916 to create a separate reserve component of

1824-435: The militia, or to obey after you were in, you would be tried by drumhead court martial and shot down like dogs." Militia Acts of 1792 Two Militia Acts , enacted by the 2nd United States Congress in 1792, provided for the organization of militia and empowered the president of the United States to take command of the state militia in times of imminent invasion or insurrection . The president's authority had

1872-422: The militias into federal service "whenever the laws of the United States shall be opposed or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act". (art. I, ss. 2) This provision likely referred to uprisings such as Shays' Rebellion . The president's authority in both cases

1920-551: The nine-month limit on federal service, giving the President the authority to set the length of federal service. The ban on National Guard units serving outside the United States was also dropped, though subsequently the United States Attorney General offered his opinion that ordering the National Guard to serve outside the United States was unconstitutional. In addition, the 1908 law stated that during

1968-505: The number of required drill periods from 24 to 48 and the length of summer training camps from five days to 15. The War Department was authorised to centrally plan for the National Guard's authorized strength, and the number and types of National Guard units in each state, and empowered it to implement uniform enlistment contracts and officer commissioning requirements for the National Guard. Guardsmen were required to take both state and federal enlistment oaths or oaths of office. The law replaced

Militia Act of 1903 - Misplaced Pages Continue

2016-512: The office in November 2016 by then- President-elect Donald Trump.     Federalist (4)     Democratic-Republican (5)     Democratic (34)     Whig (4)     Republican (40) 7th Governor of Virginia Attorney General of Pennsylvania Acting United States Secretary of State Acting United States Secretary of State , 7th Lieutenant Governor of Massachusetts , Member of

2064-559: The officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate . The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies. Merrick Garland has been the United States attorney general since March 11, 2021. On November 21, 2024, President-elect Donald Trump named former Florida Attorney General Pam Bondi as his nominee to run

2112-438: The size of the regular Army. These volunteer units were not militia, though they often consisted of whole militia units that had volunteered en masse nor were they part of the regular Army. They did, however, come under direct federal control. This solution was also employed during the Mexican–American War (1846–48), and in the Union Army during the American Civil War (1861–65). Some volunteer units were also organized during

2160-494: Was also required to carry out a uniform schedule of weekend or weeknight drills and annual summer training camps. In addition, the War Department agreed to fund the attendance of Guard officers at Army schools, and active Army officers would serve as inspectors and instructors of National Guard units. The War Department also agreed to organize joint Regular Army-National Guard exercises and training encampments. In return,

2208-411: Was conditional on the president, by proclamation, ordering the insurgents "to disperse, and retire peaceably to their respective abodes, within a limited time." The president's authority in both cases was to expire at the end of the session of Congress after two years. By the Militia Act of 1795, Congress re-enacted the provisions of the 1792 Act, except that the president's authority to call out militias

2256-430: Was made permanent. The second Militia Act of 1792 was passed on May 8, 1792, and provided for the organization of state militias and the conscription of every "free able-bodied white male citizen" between the ages of 18 and 45: ... each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as

2304-419: Was to provide himself with a rifle , a powder horn, ¼ pound of gunpowder, 20 rifle balls, a shot-pouch, and a knapsack. Exemptions applied to some occupations, including members of Congress, stagecoach drivers, and ferryboatmen. The militias were divided into " divisions , brigades , regiments , battalions , and companies " as the state legislatures would direct. The provisions of the first Act governing

#876123