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

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

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RiverAux

As long as we're getting crazy, all that would have to happen would be to have the state draft CAP members into the state militia and then they could do anything with us that they want.  However, the sticking point may be actual ownership of CAP equipment and aircraft since that belongs with a corporation and not the state.  I'd think they could draft us but not our equipment.  Unless there is some clause hidden somewhere in various contracts that lets the AF take back any equipment they paid for. 

FW

Major assets of CAP; Aircraft and Vehicles are considered to be property of the USAF even though titled to CAP, Inc.  In time of war, the government could "press into service" private property and individuals according to the "will of congress" in the declaration act. (we will assume that congress actually declared war).  Most likely it will not matter, as this type of war will only last a few hours and nothing will be left to take... >:D

stillamarine

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.
Tim Gardiner, 1st LT, CAP

USMC AD 1996-2001
USMCR    2001-2005  Admiral, Great State of Nebraska Navy  MS, MO, UDF
tim.gardiner@gmail.com

PHall

You guys are assuming that the next war won't be over in about 4 to 6 hours or so.

etodd

Quote from: PHall on January 20, 2018, 06:28:48 PM
You guys are assuming that the next war won't be over in about 4 to 6 hours or so.

Bingo.   You win the thread.    LOL
"Don't try to explain it, just bow your head
Breathe in, breathe out, move on ..."

RiverAux

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. 

abdsp51

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.

Sure about that?

stillamarine

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.

Cite?
Tim Gardiner, 1st LT, CAP

USMC AD 1996-2001
USMCR    2001-2005  Admiral, Great State of Nebraska Navy  MS, MO, UDF
tim.gardiner@gmail.com

etodd

Some of these folks seem to be salivating over the idea of somehow getting drafted into some kind of wartime service.  Some collars may have been overly starched and cutting off blood to the brain. ;)

Dream all you want, but its never going to happen.

What are the ages of the MPs in CAP? Are the majority of us well over 55? Maybe even well over 60?
"Don't try to explain it, just bow your head
Breathe in, breathe out, move on ..."

PHall

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.

Mitchell 1969

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.

I know I was a member of "the militia" in California until I turned 45, under the Military and Veteran's Code. I never wore a uniform, never received an ID card, never took an oath and never attended a meeting, but, technically, I "served." I think other states have similar arrangements. Also, I was, under the Militia Act of 1903, a member of the "unorganized militia" component of the "Militia of the United States."


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.

Holding Pattern

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.

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.

abdsp51

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.

Ned

#73
Quote from: abdsp51 on January 22, 2018, 11:28:14 AM

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

I love a legal challenge, but this one is not too tricky.

In California, at least.  California Military and Veterans Code section 122 defines the militia in language very similar to that in the US Code, all able bodied males between 18 & 45.

Section 123 provides that the governor may order the "enrollment" of the militia.

Section 128 says that the milita may be ordered into active service for wars, insurrections, etc..

And section 129 (specifically using the word "drafted") points out that persons who are called up and fail to appear within 24 hours are "deserters" and may be dealt with according to the Articles of War.  (Which sounds like a Bad Thing for deserters.

Obviously, state laws will vary on this, but in California it is fairly clear that all able bodied men in the right age range can be drafted into active militia service and sent to war.

You might want to check your own state laws to see if you might already be a member of your state militia, subject to the draft.

Ned Lee
COL, (CA), Infantry
Member, Militia of the Great State of California

(Currently in Ottumwa, Iowa on my phone or I would post the links)

NCRblues

Quote from: Ned on January 22, 2018, 04:14:50 PM


(Currently in Ottumwa, Iowa on my phone or I would post the links)

Visiting radar?
In god we trust, all others we run through NCIC

Ned


abdsp51

Quote from: Ned on January 22, 2018, 04:14:50 PM
Quote from: abdsp51 on January 22, 2018, 11:28:14 AM

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

I love a legal challenge, but this one is not too tricky.

In California, at least.  California Military and Veterans Code section 122 defines the militia in language very similar to that in the US Code, all able bodied males between 18 & 45.

Section 123 provides that the governor may order the "enrollment" of the militia.

Section 128 says that the milita may be ordered into active service for wars, insurrections, etc..

And section 129 (specifically using the word "drafted") points out that persons who are called up and fail to appear within 24 hours are "deserters" and may be dealt with according to the Articles of War.  (Which sounds like a Bad Thing for deserters.

Obviously, state laws will vary on this, but in California it is fairly clear that all able bodied men in the right age range can be drafted into active militia service and sent to war.

You might want to check your own state laws to see if you might already be a member of your state militia, subject to the draft.

Ned Lee
COL, (CA), Infantry
Member, Militia of the Great State of California

(Currently in Ottumwa, Iowa on my phone or I would post the links)

Col Lee I am a Ca resident unfortunately.  Currently serving AF, so good luck on the states part in drafting me.  Plus I'm pretty sure a Federal draft would override a state draft.

Mitchell 1969

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
_________________
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.

stillamarine

Quote from: Ned on January 22, 2018, 04:14:50 PM
Quote from: abdsp51 on January 22, 2018, 11:28:14 AM

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

I love a legal challenge, but this one is not too tricky.

In California, at least.  California Military and Veterans Code section 122 defines the militia in language very similar to that in the US Code, all able bodied males between 18 & 45.

Section 123 provides that the governor may order the "enrollment" of the militia.

Section 128 says that the milita may be ordered into active service for wars, insurrections, etc..

And section 129 (specifically using the word "drafted") points out that persons who are called up and fail to appear within 24 hours are "deserters" and may be dealt with according to the Articles of War.  (Which sounds like a Bad Thing for deserters.

Obviously, state laws will vary on this, but in California it is fairly clear that all able bodied men in the right age range can be drafted into active militia service and sent to war.

You might want to check your own state laws to see if you might already be a member of your state militia, subject to the draft.

Ned Lee
COL, (CA), Infantry
Member, Militia of the Great State of California

(Currently in Ottumwa, Iowa on my phone or I would post the links)

The original post said all 50 states. Therefore the challenge is on the original poster to substantiate his claims.
Tim Gardiner, 1st LT, CAP

USMC AD 1996-2001
USMCR    2001-2005  Admiral, Great State of Nebraska Navy  MS, MO, UDF
tim.gardiner@gmail.com

etodd

Quote from: Mordecai on January 22, 2018, 09:02:46 AM


(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 ....

Able bodied between 17-44.  Well that leaves about 80% or more of CAP members staying at home.   >:D

You folks are funny. I've already had several bags of popcorn.
"Don't try to explain it, just bow your head
Breathe in, breathe out, move on ..."