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Originally Posted by dksuddeth
They can be called in to service, they are still a seperate organization.
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A seperate organization that answers to the senate and, ultimately, the US government and the laws it enacts.
Let's take a breif overview of the history involved:
The US hadn't created the National Guard until the Dick Act in 1903.
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The Dick Act
The Militia Act of 1903, also known as the Dick Act, was the result of a program of reform and reorganization in the military establishment initiated by Secretary of War Elihu Root following the Spanish-American War of 1898 after the war demonstrated weaknesses in the militia, as well as in the entire United States military.
The ultimate result of the Act was the creation of the modern National Guard Bureau which is the federal instrument responsible for the administration of the National Guard. Established by Congress as a Joint Bureau, of the Departments of the Department of the Army and the Department of the Air Force. It holds a unique status as both a staff and operation agency.
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The National Guard is directly affiliated with the Government of the US.
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The United States National Guard is a component of the United States Army (the Army National Guard) and the United States Air Force (the Air National Guard). The Militia Act of 1903 organized the various state militias into the present National Guard system. The Army National Guard is part of the United States Army, comprising approximately one half of its available combat forces and approximately one third of its support organization.
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Its safe to say the National Guard is an organized milita that answers to the Federal Gov.
Just to recap, Title 10 U.S.C. 311. Militia: composition and classes, states
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(b) The classes of the militia are -
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
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The unorganized militia can be split into two subcatagories: constitutional militia (citizen groups who support the intent of the Founding Fathers in regard to the right to keep and bear arms), and private militia (a non-government force, not necessarily directly supported or sanctioned by its government). Both must adhere to the law. There are currently twelve (give or take) private militias in the US. Here's a list:
Colorado Minutemen
North Carolina Citizen's Militia
Militia of Montana
Michigan Militia
Indiana Militia Corps
Unorganized Militia of Champaign County (Ohio)
Unorganized Hawaii State Militia Hawaii
Terrain Militia 08th MS Team, Freeburg IL
The 51st Missouri Militia
Ranch Rescue
The Monroe Militia
The Black Panther Party
If you look at any of the websites for these militias you'll notice they use non-violent (oddly enough) protest to incite political change, and usually only take up arms for traditional reasons. However, these (the only private militias in the US) entities are in direct support of the Constitution and abide by the law. These private militias can only exist with consent from the government.