“To provide for calling forth the Militia to execute the laws of the Union, suppress insurrections, and repel invasions;” Article 1, Section 8, Clause 15, US Constitution
“The top priority of the federal government is the safety of this country.”
Ronald Reagan, Address to a joint session of the Oklahoma State Legislature, March 16, 1982
During the founding, the idea of a militia came from the concept of posse comitatus. This existed under British Common Law. It is the authority of a law officer to conscript any able-bodied to assist him. When order was threatened, the “shire-reeve” (sheriff) would send out a message to the citizens. Any who heard the message were obligated to assist in catching a criminal or maintaining order.
The Framers transferred the power to call out the militia from the local authority to Congress. The group known as the Anti-Federalists was against a strong central government. They felt that this gave too much power to the Congress (Federal government). They wanted the militia to stay under state control.
The debate continued and in 1795:
“Congress refined the language authorizing the President to federalize the militia:
[W]henever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the president to call forth such number of the militia of the state, or states most convenient to the place of danger, or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose to such officer or officers of the militia, as he shall think proper.” Per Mackubin Owens, writing for Heritage Foundation.
Still the argument about this continued until 1827, when the Supreme Court heard the case of Martin v. Mott. Justice Joseph Story made it clear that the President has the exclusive right to decide that a situation is serious enough to call out the militia. The state governors have concurrent authority to call out their state militia to handle civil and military emergencies.
We know that state militia as the National Guard.
There is also law in place to prevent the Army and Air Force from being used as a posse comitatus.
We the people give Congress the power to keep the National Guard trained and equipped for emergencies.
We the people get a group of (all-volunteer) citizens in training to add to the regular army when needed and to handle civil and military emergencies.
Here is a link to the National Guard web page:
http://www.nationalguard.mil/default.aspx
Here are the lyrics to the National Guard Song:
http://www.nationalguard.mil/about/song.aspx
Here is a great song about the National Guard:
References:
Findlay, Bruce Allyn and Findlay, Esther Blair. Your Rugged Constitution. Stanford: Stanford University Press, 1950
Hannaford, Peter. The Quotable Ronald Reagan. Washington, DC: Regnery Press, 1998
http://en.wikipedia.org/wiki/Insurrection_Act
http://www.heritage.org/constitution/#!/articles/1/essays/55/militia-clause
US Constitution
Reclaiming the Shining City 