1. There is no tradition or history of an "un-organized militia" being used at all in the entire spectrum of national defense.
2. The first militia law written under the 2nd Amendment, the Uniform Militia Act of 1792, does not recognize any body of citizens as an "un-organized militia". Instead, it calls for citizens to become enrolled and from that point forward be members of the militia. If you're not enrolled, you're not in a militia, which at the time meant you could be fined or jailed.
3. The idea of an "un-organized militia" is contradictory to the 2nd Amendment. The 2nd Amendment proscribes "a well-regulated militia", meaning training, and training takes organization. Un-organized means un-regulated which means un-trained.
4. An "unorganized" class of something that is really only defined by it's "organization" and "discipline" is a sophistry.
My opinion, which I seporate from the rest of this post as this post presents fact, is that the only reason any of you accept this legal gymnastics in the first place is that it gets you out of mandatory drill.
Well....I think I can begin to see the source of the confusion for you.
Lets address this by item.
1. You are a veteran...I am a veteran
and a retiree....the law as written below:
All able bodied men, 17 to 45 of age, are ultimately eligible to be called up into military service and belong to the class known as the reserve militia, also known as the unorganized militia (10 USC). Able bodied men who are not eligible for inclusion in the reserve militia pool are those aliens not having declared their intent to become citizens of the United States (10 USC 246) and former regular component veterans of the armed forces who have reached the age of 64 (32 USC 313). All female citizens who are members of National Guard units are also included in the reserve militia pool (10 U.S.C. § 246).
You conflated veteran and retired...
you are a veteran and subject to the above law until age 64; and, as such, are subject to recall.
Do not confuse this with the MSO ( Mandatory Service Obligation ) of 8 years that all service members incur upon enlistment.
All citizens are members of the unorganized militia unless they opt to join the organized militia; upon leaving the military, you automatically fell into the category mentioned above.....the Second Militia Act has never been repealed or replaced....simply modified to allow African Americans to serve, and females to be included.
Yes, you are still subject to recall as a veteran until age64.
2
. The first militia law written under the 2nd Amendment, the Uniform Militia Act of 1792, does not recognize any body of citizens as an "un-organized militia". Instead, it calls for citizens to become enrolled and from that point forward be members of the militia. If you're not enrolled, you're not in a militia, which at the time meant you could be fined or jailed.
Selective reading on your part.....the above was superceded by the Second Militia Act of 1792; which states:
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act.
And was further defined :
§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.
Lets look at that last sentence.....if NOT members of the National Guard and Naval Militia, yet still identified in the Second Militia act....who does that leave?
The citizens......and it is still in effect under the current Title 10....that same Title 10 that the draft draws its authority from to draft the unorganized militia.
Those citizens that have been mustered to duty under the draft for how many wars over the history of our Nation?
