The Decline and Rise of the Militia

Abstract

Commentary. The significance of this chapter is that, for one function, it reveals the dynamic of administrative centralization. In the Constitution, the administration of the militia is discussed in more detail than any other administrative function. As with no other function, the framers specifically divided the militia between the central government and the states; and, in order to ensure that the appropriate division be maintained, they devoted two clauses, one quite lengthy, to prescribing a role for the states. Yet in spite of their care, the militia is now governed almost entirely by the United States. Indeed, most people who are not actually members of the National Guard think it is merely a national military reserve and are not aware that it is in fact the state militia.