Clause 15.—­The Militia.

To provide for calling forth the militia[1] to execute the laws of the Union, suppress insurrections and repel invasions.[2]

[1] Congress has declared the militia to be “all citizens and those who have declared their intention to become such, between the ages of eighteen and forty-five.”  These constitute what is called the unorganized militia.  The military companies and regiments formed by authority of United States and state laws constitute the organized militia.

One of two policies we must pursue, either to maintain a large standing army or to depend upon the citizen-soldiers to meet emergencies.  For several reasons, we prefer the latter.  That our citizen-soldier may be depended upon has been demonstrated on many a battlefield.

[2] The clause specifies the purposes for which the militia may be called out.  These are three in number.  Each state may for similar purposes call forth its own militia.

Under the laws of congress, the president is authorized in certain emergencies to issue the call.  This he directs to the governors of states, and those called on are bound to furnish the troops required.

On three occasions only have the militia been called out under this clause:  In the Whisky Rebellion of 1794, to enforce the laws; in the war of 1812, to repel invasion; and in the Civil War, to suppress insurrection.

Clause 16.—­Organization of the Militia.

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,[1] reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress.[2]

[1] Thus only can the uniformity so essential to efficiency be secured.

[2] This is designed as a proper recognition of the right of each state to have militia companies and to control them, subject only to the necessary limitation mentioned.

The militia of a state consists of one or more regiments, with the proper regimental and company officers appointed by state authority.  When these are mustered into the service of the United States and are formed into brigades and divisions, the appointment of the general officers is vested in the president.

Clause 17.—­Exclusive Legislation.

To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by the cession of particular states, and the acceptance of congress, become the seat of government of the United States,[1] and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings.[2]

[1] This refers to the territory afterwards selected, and now known as the District of Columbia.