Anonymous ID: 148d3c May 20, 2023, 6:22 p.m. No.18878886   🗄️.is 🔗kun   >>8894 >>8941 >>9350 >>9470

>>18878857

10 U.S. Code § 12406 - National Guard in Federal service: call

Whenever—

(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;

(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or

(3) the President is unable with the regular forces to execute the laws of the United States; the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws.

Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.

 

https://www.history.navy.mil/research/library/online-reading-room/title-list-alphabetically/p/posse-comitatus-act-and-related-matters-a-sketch.html

 

The Posse Comitatus Act does not apply where Congress has expressly authorized use of the military to execute the law. Congress has done so in three ways, by giving a branch of the armed forces civilian law enforcement authority, by establishing general rules for certain types of assistance, and by addressing individual cases and circumstances with more narrowly crafted legislation. Thus it has vested the Coast Guard, a branch of the armed forces, with broad law enforcement responsibilities. Second, over the years it has passed a fairly extensive array of particularized statutes, like those permitting the President to call out the armed forces in times of insurrection and domestic violence, 10 U.S.C. §§ 331-335. Finally, it has enacted general legislation authorizing the armed forces to share information and equipment with civilian law enforcement agencies, 10 U.S.C. §§ 371-382.

The legislation contains both explicit grants of authority and restrictions on the use of that authority for military assistance to the police - federal, state and local - particularly in the form of information and equipment, 10 U.S.C. §§ 371-382. Section 371 specifically authorizes the armed forces to share information acquired during military operations and in fact encourages the armed forces to plan their activities with an eye to the production of incidental civilian benefits. The section allows the use of military undercover agents and the collection of intelligence concerning civilian activities only where there is a nexus to an underlying military purpose. Under sections 372 through 374, military equipment and facilities may be made available to civilian authorities; members of the armed forces may train civilian police on the operation and maintenance of equipment and may provide them with expert advice; and military personnel may be employed to maintain and operate the equipment supplied.

Anonymous ID: 148d3c May 20, 2023, 6:30 p.m. No.18878916   🗄️.is 🔗kun

>>18878894

10 U.S. Code § 246 - Militia: composition and classes

 

(a)The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b)The classes of the militia are

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

 

32 U.S. Code § 313 - Appointments and enlistments: age limitations

 

(a)To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age.

(b)To be eligible for appointment as an officer of the National Guard, a person must

(1) be a citizen of the United States; and

(2) be at least 18 years of age and under 64.