militia 音标拼音: [məl'ɪʃə] [mɪl'ɪʃə]
n . 义勇军,自卫队,国民军
义勇军,自卫队,国民军
militia n 1 :
civilians trained as soldiers but not part of the regular army [
synonym : {
militia }, {
reserves }]
2 :
the entire body of physically fit civilians eligible by law for military service ; "
their troops were untrained militia ";
"
Congress shall have power to provide for calling forth the militia "--
United States Constitution Militia \
Mi *
li "
tia \,
n . [
L .,
military service ,
soldiery ,
fr .
miles ,
militis ,
soldier :
cf .
F .
milice .]
[
1913 Webster ]
1 .
In the widest sense ,
the whole military force of a nation ,
including both those engaged in military service as a business ,
and those competent and available for such service ;
specifically ,
the body of citizens enrolled for military instruction and discipline ,
but not subject to be called into actual service except in emergencies .
[
1913 Webster ]
The king '
s captains and soldiers fight his battles ,
and yet . . .
the power of the militia is he . --
Jer .
Taylor .
[
1913 Webster ]
2 .
Military service ;
warfare . [
Obs .] --
Baxter .
[
1913 Webster ]
MILITIA .
The military force of the nation ,
consisting of citizens called forth to execute the laws of the Union ,
suppress insurrection and repel invasion .
2 .
The Constitution of the United States provides on this subject as follows :
Art .
1 ,
s .
8 ,
14 .
Congress shall have power to provide for calling forth the militia to execute the laws of the Union ,
suppress insurrections ,
and repel invasions .
3 .-
15 .
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 ,
reserving to the states respectively ,
the appointment of the officers ,
and the authority of training the militia ,
according to the discipline prescribed by congress .
4 .
Under the clauses of the constitution ,
the following points have been decided .
1 .
If congress had chosen ,
they might by law ,
have considered a militia man ,
called into the service of the United States ,
as being ,
from the time of such call ,
constructively in that service ,
though not actually so ,
although he should not appear at the place of rendezvous .
But they have not so considered him ,
in the acts of congress ,
till after his appearance at the place of rendezvous :
previous to that ,
a fine was to be paid for the delinquency in not obeying the call ,
which fine was deemed an equivalent for his services ,
and an atonement for disobedience .
5 .-
2 .
The militia belong to the states respectively ,
and are subject ,
both in their civil and military capacities ,
to the jurisdiction and laws of the state ,
except so far as these laws are controlled by acts of congress ,
constitutionally made .
6 .-
3 .
It is presumable the framers of the constitution contemplated a full exercise of all the powers of organizing ,
arming ,
and disciplining the militia ;
nevertheless ,
if congress had declined to exercise them ,
it was competent to the state governments respectively to do it .
But congress has executed these powers as fully as was thought right ,
and covered the whole ground of their legislation by different laws ,
notwithstanding important provisions may have been omitted ,
or those enacted might be beneficially altered or enlarged .
7 .-
4 .
After this ,
the states cannot enact or enforce laws on the same subject .
For although their laws may not be directly repugnant to those of congress ,
yet congress ,
having exercised their will upon the subject ,
the states cannot legislate upon it .
If the law of the latter be the same ,
it is inoperative :
if they differ ,
they must ,
in the nature of things ,
oppose each other ,
so far as they differ .
8 .-
5 .
Thus if an act of congress imposes a fine ,
and a state law fine and imprisonment for the same offence ,
though the latter is not repugnant ,
inasmuch as it agrees with the act of the congress ,
so far as the latter goes ,
and add another punishment ,
yet the wills of the two legislating powers in relation to the subject are different ,
and cannot subsist harmoniously together .
9 .-
6 .
The same legislating power may impose cumulative punishments ;
but not different legislating powers .
10 .-
7 .
Therefore ,
where the state governments have ,
by the constitution ,
a concurrent power with the national government ,
the former cannot legislate on any subject on which congress has acted ,
although the two laws are not in terms contradictory and repugnant to each other .
11 .-
8 .
Where congress prescribed the punishment to be inflicted on a militia man ,
detached and called forth ,
but refusing to march ,
and also provided that courts martial for the trial of such delinquent '
s ,
to be composed of militia officers only ,
should be held and conducted in the manner pointed out by the rules and articles of war ,
and a state had passed a law enacting the penalties on such delinquents which the act of congress prescribed ,
and directing lists of the delinquents to be furnished to the comptroller of the United States and marshal ,
that further proceeding might take place according to the act of congress ,
and providing for their trial by state courts martial ,
such state courts martial have jurisdiction .
Congress might have vested exclusive jurisdiction in courts martial to be held according to their laws ,
but not having done so expressly ,
their jurisdiction is not exclusive .
12 .-
9 .
Although congress have exercised the whole power of calling out the militia ,
yet they are not national militia ,
till employed in actual service ;
and they are not employed in actual service ,
till they arrive at the place of rendezvous .
5 Wheat .
1 ;
Vide 1 Kent '
s Com .
262 ;
3 Story ,
Const .
Sec .
1194 to 1210 .
13 .
The acts of the national legislature which regulate the militia are the following ,
namely :
Act of May 8 ,
1792 ,
1 Story ,
L .
U .
S .
252 ;
Act of February 28 ,
1795 ,
1 Story ,
L .
U .
S .
390 ;
Act of March 2 ,
1803 ,
2 Story ,
L .
U .
S .
888 ;
Act of April 10 ,
1806 ,
Story ,
L .
U .
S .
1005 ;
Act of April 20 ,
1816 ,
3 Story ,
L .
U .
S .
1573 ;
Act of May 12 ,
1820 ,
3 Story ,
L .
U .
S .
1786 Act of March 2 ,
1821 ,
3 Story ;
L .
U .
S .
1811 .
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