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Constitutional Chats Presented By Constituting America


Feb 16, 2024

We have a military.  We have a militia.  When it comes to protecting our citizens, both play a role.  The same militia mentioned in the second amendment is actually defined in 10 U.S. Code § 246 as able-bodied men over 17 and under 45 years old, who are or intend to become US citizens and female citizens who are members of the National Guard.  What precisely are the differences in roles of the organized and unorganized militia compared to the military?  Under what circumstances is a militia’s Commander in Chief the President or a state’s governor?  When can the military and militia be deployed and what are the limits placed on them such as “posse comitatus?”  To help our student panel answer these questions, we are delighted to welcome back longtime friend of Constituting America, Andrew Langer.  Andrew is an author, speaker, writer, frequent guest on both radio and TV programs and the President of the Institute for Liberty.