American Militia?

Question

What is it's function; and at what point does it defend citizen's rights, according to the Constitution?

What Branch of government own the citizen militia

Answer 1

The Second Amendment to the Constitution fundamentally lays the militia at the feet of the People, which as treated throughout the entire Constitution and Bill of Rights comes to mean each and every citizen. Thus, the militia is made up of and commanded by the citizenry - not the government.

The Constitution prohibits the establishment of a standing national army except when authorized every two years by Congress. Thus, the need for the militia clause in the Second Amendment, as it empowered the citizens to provide for a common defense against foreign enemy or, as the founders' writings said at the time, against a tyrannical domestic government.

Therefore, it was necessary for the founders to build a buffer between the nationalized armed forces and the militia. If you wish to know more the US Code deals with the militia in more depth.

Answer 2

The current militia is known as the National Guard. It falls under the executive branches of state governments uses but can be co-opted by the federal government with the permission of the state government.

Answer 3

American militia will only be tolerated in case the Armed Forces are already depleted. The executive department has the supervision over militia activities.