A new bill is drawing sharp lines in the sand, aiming to clamp down on unauthorized private paramilitary activity. Introduced by Rep. Jamie Raskin (D-Md.) and Sen. Ed Markey (D-Mass.), this legislation seeks to prohibit privately organized groups from engaging in armed patrolling, drilling, or using other paramilitary techniques.
This crackdown signals a firm stance against the rising threat of unregulated militia activity, with lawmakers pushing to curtail the potential for violence and disorder. At a time when tensions are already high, this bill could spark heated debate on both sides of the political aisle.
The Constitution addresses the militia in several ways, including:
Congress’s power
Article I, Section 8, Clause 16 of the Constitution gives Congress the power to organize, arm, discipline, and train the militia. Congress also has the power to appoint officers and govern the militia when it serves the United States. The Supreme Court has said that Congress’s power over the militia is unlimited, except for training and officering.
The Second Amendment
The Second Amendment states that the right of the people to keep and bear arms shall not be infringed, and that a well-regulated militia is necessary for the security of a free state.
Congress’s power to call out the militia
Article I, Section 8, Clause 15 of the Constitution gives Congress the power to call out the militia to suppress insurrections, repel invasions, and execute the laws of the Union. The President was given the power to call out the militia by an act of February 28, 1795.
Checks on the executive
The Constitution’s militia clauses give the states, people, and Congress formal and functional checks on the executive’s use of the War Powers.
Sources:
www.govtrack.us/congress/bills/118/hr6981
www.congress.gov/bill/118th-congress/house-bill/6981/text/ih
www.congress.gov/bill/118th-congress/senate-bill/3589
h/t Coastie Patriot