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Q: Select three characteristics of the early American militias. Compare these with three characteristics of the current American military. How are they similar? How are they different?
A: The militia were not created by the common law. Militia law is statutory law. The charter of each American colony included authority to create militia units. All American colonies passed militia laws under the authority granted by their charters. [ All states and the federal government have militia laws. There never was a period of common law militia in America. Interpreting statute law and the
Constitution to understand the meaning of 'militia', for example, does not mean that there ever was a common law militia. Even if the Bill of Rights or the Fourteenth Amendment means that laws against unauthorized paramilitary organizations are unconstitutional the result would not change civilians into some sort of common law militiamen. [Note: To date these laws have been found constitutional] 3.3 Was duty in the militia voluntary in the American colonies? A. No, white able-bodied free males were required by law to belong to the miliita by the statute law of the colony. Whether or not they actually served in militia units is another question. Sometime the militia laws were strictly enforced, sometime laxly. The requirement for service could be met by joining either the colony's militia in your local area or joining (if they would have you) a volunteer militia unit. These companies were allowed under colonial legislation and were, of course, subordinate to the authority of the colony. Some colonies provided religious exemptions to militia duty. 3.4 Was the term "unorganized militia" used in colonial America? A. No. The term for those within the militia system was simply the militia. A distinction was drawn between those who did their militia duty in the compulsory units and those who did their militia duty in volunteer units. The compulsory militia was known as trainbands, beat militia, or enrolled militia. The volunteer milita was known as the volunteer militia, or the uniform militia. The term 'uniform' referred to the fact that the volunteers wore uniforms. ]
spears|Points 82|
Asked 2/18/2013 11:46:41 PM
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