In the event of a war: Does CAP play any role?

Started by Starbird, December 29, 2017, 02:02:00 PM

0 Members and 1 Guest are viewing this topic.

vorteks

Quote from: etodd on January 22, 2018, 07:08:16 PM
You folks are funny. I've already had several bags of popcorn.

Some people need to get out more

abdsp51

Quote from: Mitchell 1969 on January 22, 2018, 06:58:22 PM
Quote from: abdsp51 on January 22, 2018, 11:28:14 AM
Quote from: Mordecai on January 22, 2018, 09:02:46 AM
Nothing bold about it.
https://www.law.cornell.edu/uscode/text/10/246
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

Refers to the US National Guard, not a state militia as was referenced. It's a bold statement due to that in the event there was a conflict that required a major upping in manpower the regular componets will get the bodies before the reserves and the guard. 

I checked Ca code and see nothing there about being drafted into the SDF there.  Which ironically being a member of the SDF doesn't exempt from being "drafted" into the US military.

So therefore the challenge remains to cite that one can be drafted into a state military force.

One doesn't get drafted into the militia in California. One is already in it if the membership requirements are met. Literally millions have been in it without even knowing it existed.

(Reminds me - I want my California discharge certificate from the militia. I did my time).


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If that is the case then Ca owes me 20 years of compensation.

RiverAux

Quote from: PHall on January 21, 2018, 10:28:57 PM
Quote from: RiverAux on January 21, 2018, 08:08:00 PM
Quote from: stillamarine on January 20, 2018, 05:44:36 PM
Not every state has a militia. I'm going to count the NG because in the event of something like this happening the NG will be federalized.

Every state has some sort of law allowing them to draft people into the state militia, or at least places men of certain ages (varies) into the "unorganized militia".  This is different from State Defense Forces.

That's a pretty bold statement. Now either back it up or take it back.

About 10 years ago as part of a strong interest in SDFs that I had at the time, I actually went through the militia laws of every state looking at this very topic and every single one (just about all were available by internet at the time) had some sort of statement saying that all men ages X to X were part of the militia of that state.  Usually, this was described as the "unorganized militia" and that the Governor had the authority to call the unorganized militia into service under various conditions.  This was separate from the clauses authorizing the state to have a National Guard and the authority (in almost every state) to organize an SDF or Naval Militia if they wanted to as part of the "organized" militia. 

If anyone chooses to dispute this, they can look it up if they want, but its a basic part of every state law and is related to the federal law cited earlier (being part of the "militia" is basically how the federal government used to draft people -- because you were in the militia, you could be called into service). 

This part of my statement was not crazy or extreme, just basic law.  The part about "drafting" CAP using that authority was the nutso part, but technically feasible. 

Mitchell 1969

Quote from: abdsp51 on January 22, 2018, 08:10:41 PM
Quote from: Mitchell 1969 on January 22, 2018, 06:58:22 PM
Quote from: abdsp51 on January 22, 2018, 11:28:14 AM
Quote from: Mordecai on January 22, 2018, 09:02:46 AM
Nothing bold about it.
https://www.law.cornell.edu/uscode/text/10/246
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

Refers to the US National Guard, not a state militia as was referenced. It's a bold statement due to that in the event there was a conflict that required a major upping in manpower the regular componets will get the bodies before the reserves and the guard. 

I checked Ca code and see nothing there about being drafted into the SDF there.  Which ironically being a member of the SDF doesn't exempt from being "drafted" into the US military.

So therefore the challenge remains to cite that one can be drafted into a state military force.

One doesn't get drafted into the militia in California. One is already in it if the membership requirements are met. Literally millions have been in it without even knowing it existed.

(Reminds me - I want my California discharge certificate from the militia. I did my time).


Sent from my iPhone using Tapatalk

If that is the case then Ca owes me 20 years of compensation.

There's the rub. You were in the unorganized militia. So unorganized that they didn't have any fiscal operation.


Sent from my iPhone using Tapatalk
_________________
Bernard J. Wilson, Major, CAP

Mitchell 1969; Earhart 1971; Eaker 1973. Cadet Flying Encampment, License, 1970. IACE New Zealand 1971; IACE Korea 1973.

CAP has been bery, bery good to me.

whatevah

Quote from: RiverAux on January 22, 2018, 09:29:22 PM
Quote from: PHall on January 21, 2018, 10:28:57 PM
Quote from: RiverAux on January 21, 2018, 08:08:00 PM
Quote from: stillamarine on January 20, 2018, 05:44:36 PM
Not every state has a militia. I'm going to count the NG because in the event of something like this happening the NG will be federalized.

Every state has some sort of law allowing them to draft people into the state militia, or at least places men of certain ages (varies) into the "unorganized militia".  This is different from State Defense Forces.

That's a pretty bold statement. Now either back it up or take it back.

About 10 years ago as part of a strong interest in SDFs that I had at the time, I actually went through the militia laws of every state looking at this very topic and every single one (just about all were available by internet at the time) had some sort of statement saying that all men ages X to X were part of the militia of that state.  Usually, this was described as the "unorganized militia" and that the Governor had the authority to call the unorganized militia into service under various conditions.  This was separate from the clauses authorizing the state to have a National Guard and the authority (in almost every state) to organize an SDF or Naval Militia if they wanted to as part of the "organized" militia. 

If anyone chooses to dispute this, they can look it up if they want, but its a basic part of every state law and is related to the federal law cited earlier (being part of the "militia" is basically how the federal government used to draft people -- because you were in the militia, you could be called into service). 

This part of my statement was not crazy or extreme, just basic law.  The part about "drafting" CAP using that authority was the nutso part, but technically feasible.
My state, Delaware has no such power currently granted in its legal code or constitution. In fact, it specifies that the state militia is the National Guard and the separate State Defense Force (inactive since WWII) is volunteer. No other militia, organized or otherwise is mentioned.

That said... this thread has beaten the horse long enough.  Locked.
Jerry Horn
CAPTalk Co-Admin