The militia of the United States, as defined by the U.S. Congress, has changed over time.Spitzer, Robert J.: The Politics of Gun Control, Page 36. Chatham House Publishers, Inc., 1995. During colonial America, all able-bodied men of a certain age range were members of the militia, depending on each colony's rule.Justice Scalia, Opinion of the court. SUPREME COURT OF THE UNITED STATES DISTRICT OF COLUMBIA, et al., PETITIONERS v. DICK ANTHONY HELLER: on writ of certiorari to the united states court of appeals for the district of columbia circuit. 2008. "... the 'militia' in colonial America consisted of a subset of 'the people'—those who were male, able bodied, and within a certain age range." Individual towns formed local independent militias for their own defense.Young, David E. The American Revolutionary Era Origin of the Second Amendment's Clauses. JOURNAL ON FIREARMS & PUBLIC POLICY, Volume 23. 2011. Extended excerpt from Mason's Fairfax County Militia Plan. 1776. The year before the U.S. Constitution was ratified, The Federalist Papers detailed the Founding Fathers' paramount vision of the militia in 1787.The Federalist Papers No. 29, Hamilton, Alexander. Concerning the Militia. Daily Advertiser. 1788. "What plan for the regulation of the militia may be pursued by the national government, is impossible to be foreseen ... were the Constitution ratified ... 'The project of disciplining all the militia of the United States is as futile as it would be injurious, if it were capable of being carried into execution.'"The Federalist Papers, No. 46, Madison, James Jr. New York Packet. 1788. "... the State governments, with the people on their side, would be able to repel the danger. ... a militia amounting to near half a million citizens [~1/5 of the free population] with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence." The new Constitution empowered Congress to "organize, arm, and discipline" this national military force, leaving significant control in the hands of each state government.U.S. Constitution, Article I, Sec. 8 : "Congress shall have the Power ... To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for 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;"U.S. Constitution, Article II, Sec. 2, Clause 1: "The President shall be the Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States when called into the actual service of the United States."
Today, as defined by the Militia Act of 1903, the term "militia" is used to describe two classes within the United States: Organized militia – consisting of the National Guard and Naval Militia. Unorganized militia – comprising the reserve militia: every able-bodied man of at least 17 and under 45 years of age, who are not members of the National Guard or the Naval Militia. These are militia that are under control of the state governors.
Congress chose to organize militias for the interests of organizing reserve military units which were not limited in deployment by the strictures of its power over the constitutional militia, which can be called forth only "to execute the laws of the Union, suppress insurrections and repel invasions."
Etymology The term "militia" derives from Old English milite meaning soldiers (plural), militisc meaning military and also classical Latin milit-, miles meaning soldier.
The Modern English term militia dates to the year 1590, with the original meaning now obsolete: "the body of soldiers in the service of a sovereign or a state". Subsequently, since approximately 1665, militia has taken the meaning "a military force raised from the civilian population of a country or region, especially to supplement a regular army in an emergency, frequently as distinguished from mercenaries or professional soldiers".Oxford English Dictionary, Draft Revision March 2002. The U.S. Supreme Court adopted the following definition for "active militia" from an Illinois Supreme Court case of 1879: " 'a body of citizens trained to military duty, who may be called out in certain cases, but may not be kept on service like standing armies, in times of peace'. . . when not engaged at stated periods . . . they return to their usual avocations . . . and are subject to call when public exigencies demand it."Perpich v. Department of Defense, 496 U.S. 334, 348 (1990)
The spelling millitia is often observed in written and printed materials from the 17th century through the 19th century.O'Callaghan, Edmund B.: The Documentary History of the State of New-York, Volume 1, Weed, Parsons, & Co., 1819.North Carolina August 15th 1826 Militia Roll.
History
Historical background Historically, there have been three methods used to raise military forces: a militia, a professional military, or conscription. Conscription, or involuntary service and the enforcement mechanisms required, was incompatible with colonial society. A professional or mercenary army carries with it the tremendous expense required to pay and equip personnel and not used. The militia concept, that of a decentralized military body dependent upon an armed population and residing among the people, was suited to the colonial period.
Early Colonial era (1565–1754)
The early colonists of British America considered the militia an important social institution, necessary to provide defense and public safety.Wills, Garry (1999). A Necessary Evil, A History of American Distrust of Government Page 27. New York, NY; Simon & Schuster.
The first muster took place on September 16, 1565, in St. Augustine, Florida, when Spanish governor Pedro Menendez de Aviles assembled approximately 50 citizen-soldiers, thereby establishing the European militia concept on the North American mainland.
In 1643, the Plymouth Colony Court allowed and established a military discipline to be erected and maintained.
French and Indian War (1754–1763)
During the French and Indian Wars, town militia formed a recruiting pool for the Provincial Forces. The legislature of the colony would authorize a certain force level for the season's campaign and set recruitment quotas for each local militia. In theory, militia members could be drafted by lot if there were inadequate forces for the Provincial Regulars; however, the draft was rarely resorted to because provincial regulars were highly paid (more highly paid than their regular British Army counterparts) and rarely engaged in combat.
In September 1755, George Washington, then adjutant-general of the Virginia militia, upon a frustrating and futile attempt to call up the militia to respond to a frontier Indian attack:Sparks, Jared: "The Life of George Washington", page 70. F. Andrews, 1853.
... he experienced all the evils of insubordination among the troops, perverseness in the militia, inactivity in the officers, disregard of orders, and reluctance in the civil authorities to render a proper support. And what added to his mortification was, that the laws gave him no power to correct these evils, either by enforcing discipline, or compelling the indolent and refractory to their duty ... The militia system was suited for only to times of peace. It provided for calling out men to repel invasion; but the powers granted for effecting it were so limited, as to be almost inoperative.
Pre-American Revolutionary War era (1763–1775) Just prior to the American Revolutionary War, on October 26, 1774, the Massachusetts Provincial Congress, observing the British military buildup, deemed their militia resources to be insufficient: the troop strength, "including the sick and absent, amounted to about seventeen thousand men ... this was far short of the number wanted, that the council recommended an immediate application to the New England governments to make up the deficiency":Sparks, Jared: "The Life of George Washington", page 134–135. F. Andrews, 1853.
... they recommended to the militia to form themselves into companies of minute-men, who should be equipped and prepared to march at the shortest notice. These minute-men were to consist of one quarter of the whole militia, to be enlisted under the direction of the field-officers, and divide into companies, consisting of at least fifty men each. The privates were to choose their captains and subalterns, and these officers were to form the companies into battalions, and chose the field-officers to command the same. Hence the minute-men became a body distinct from the rest of the militia, and, by being more devoted to military exercises, they acquired skill in the use of arms. More attention than formerly was likewise bestowed on the training and drilling of militia.
American Revolutionary War (1775–1783)
The American Revolutionary War began near Boston, Massachusetts with the Battles of Lexington and Concord, in which a group of local militias constituted the American side (the "Patriots"). On April 19, 1775, a British force 800 strong marched out of Boston to Concord intending to destroy patriot arms and ammunition. At 5:00 in the morning at Lexington, they met about 70 armed militiamen whom they ordered to disperse, but the militiamen refused. Firing ensued; it is not clear which side opened fire. This became known as "the shot heard round the world". Eight militiamen were killed and ten wounded, whereupon the remainder took flight. The British continued on to Concord and were unable to find most of the arms and ammunition of the patriots. As the British marched back toward Boston, patriot militiamen assembled along the route, taking cover behind stone walls, and sniped at the British. At Meriam's Corner in Concord, the British columns had to close in to cross a narrow bridge, exposing themselves to concentrated, deadly fire. The British retreat became a rout. It was only with the help of an additional detachment of 900 troops that the British force managed to return to Boston.Shepherd, William (1834). A History of the American Revolution Page 67. London, England. Published I.N. Whiting This marked the beginning of the war. It was "three days after the affair of Lexington and Concord that any movement was made towards embodying a regular army".Sparks, Jared: The Life of George Washington, page 135. F. Andrews, 1853.
In 1777, the Second Continental Congress adopted the Articles of Confederation, which contained a provision for raising a confederal militia that consent would be required from nine of the 13 States. Article VI of the Articles of Confederation states,
... every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
Some militia units appeared without adequate arms, as evidenced in this letter from John Adams to his wife, dated August 26, 1777:
The militia are turning out with great alacrity both in Maryland and Pennsylvania. They are distressed for want of arms. Many have none, we shall rake and scrape enough to do Howe's business, by favor of the Heaven.Adams, John: Letters of John Adams, Addressed to His Wife, page 257. C.C. Little and J. Brown, 1841.
The initial enthusiasm of Patriot militiamen in the beginning days of the war soon waned. The historian Garry Wills explains,