Murphy's Law: America's Secret Army

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January 8, 2008: Most American men are unaware that they are in the army, or, as described by the Militia Act of 1903 (popularly known as the Dick Act), the unorganized militia. The main purpose of the Dick Act was to sort out over a century of confusion over the relationship between the state militias (now known as the National Guard) and the federal forces. The 1903 law was the first of many laws hammered out to create the system now in use. But in the last century, not much attention has been paid to the little known "unorganized militia" angle. This force contained every able-bodied adult male who was not a part of the organized militia. The 1903 law legalized the right not to be part of the organized militia, because a 1792 law had mandated that every adult male be part of the militia. The problem was, most men didn't want to be bothered. To deal with this, state governors created two classes of militia; paid (who trained and were armed and organized into units) and unorganized (everyone else.)

The militia is a state institution, and predates the founding of the United States. It harkens back to the ancient tribal practice, where every able bodied male turned out to defend the tribe. During the colonial period, this really only meant anything in frontier areas, where hostile Indians sometimes required the use an armed militia force. In the late 18th century, only about ten percent of American families possessed a firearm, usually a musket or shotgun. Weapon ownership was much more common on the frontier, and in more settled areas, men with muskets often joined the organized militia more to be with their hunting buddies, than to prepare for war. The urban militia was sometimes used as a paramilitary force, when there was civil disorder or some kind of natural disaster. During the American Revolution, the militia served mainly as a police force, especially since about a third of the population were loyalists.

Currently, the "unorganized militia" is expected to come up when the Supreme Court again considers the laws pertaining to the right to possess firearms. Many localities have outlawed or regulated that right, which is guaranteed (but not precisely spelled out) in the Constitution. Nevertheless, if you are an adult American male between the ages of 17 and 45, you are part of the militia, whether you knew it or not, whether or not you want to be, and whether or not you are armed. Just so you know.

 

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