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Session Laws, 1949
Volume 590, Page 1914   View pdf image (33K)
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1914 JOINT RESOLUTIONS.

and greater federal control over the personnel, equipment,
facilities and allocation of money to the States; and

WHEREAS, Federalization of the National Guard, in whole or
in part, by the organization of a single Federal Reserve Force
under the Army Clause of the Constitution (instead of under
the Militia Clauses of the Constitution as the National Guard
is now organized, and under which the sovereign States retain
authority for the appointment of National Guard officers and
the training of the Guard in time of peace, in accordance with
the discipline prescribed by Congress) would violate the prin-
ciple of "States' Rights"; and

WHEREAS, the fact that the framers of the Constitution con-
templated a standing army as the only federal force, is clear
from the arguments advanced by Hamilton, who persuaded
the States to accept the principle of a standing army large
enough to accomplish the immediate purpose of the Congress
only—its size to be controlled by limiting appropriations to
a period of two }^ears only, with the further agreement that
the States would maintain no troops in time of peace other
than with the consent of Congress, in exchange for the pro-
vision that the Congress would have power to provide for
organizing, arming and disciplining (training) the Militia,
reserving to the States only the power to appoint officers and
the authority to train the Militia according to the discipline
prescribed by Congress; and

WHEREAS, Complete federalization would violate the prin-
ciple upon which the States bargained, as above explained, by
giving to the Federal Government, in addition to its own
standing army, a part of the Militia over which the States
would have no control or power whatsoever, instead of the
control provided in Clause 16, Section 8, Article I of the
'Constitution; and

WHEREAS, Nowhere in the Constitution is there any power
given to the Federal Government to do other than raise and
support armies, and standing armies only were contemplated
with no power ever given to the Federal Government to organ-
ize and support a Federal Militia, and none exists; and

WHEREAS, Federalization of the National Guard as now
constituted under the Militia Clauses of the Constitution, in
whole or in part, would not only violate the principle of
States' Rights but would violate existing agreements between
the Federal Government and the sovereign States whereby the
States accepted in good faith the allotments made by the War

 

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Session Laws, 1949
Volume 590, Page 1914   View pdf image (33K)
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