As has been seen, the "organizing, arming and disciplining of the militia," and the prescribing of the discipline for training them is expressly placed within the control of Congress. The actual training, however, of the militia, according to the discipline thus to be supplied by Congress, is kept within the hands of the state authorities. And, furthermore, to them is given in general the appointment of militia officers, and the entire government of the militia forces except when they have been called into the service of the General Government.

The present federal law passed under the constitutional authority for "organizing, arming and disciplining the militia and for governing such part of them as may be employed in the service of the United States" is that of May 27, 1908, amending the act of January 21, 1903. This law provides:

"That the militia shall consist of every able-bodied male citizen [with certain exceptions later enumerated] of the respective States and Territories and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes:- the Organized Militia, to be known as the National Guard of the State, Territory or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the remainder to be known as the Reserve Militia." 27 Section 4 of the act provides: "That whenever the United States is invaded, or in danger of invasion from any foreign nation, or of rebellion against the authority of the government of the United States, or the President is unable, with the regular forces at his command, to execute the laws of the Union, it shall be lawful for the President to call forth such number of the militia of the States or of the Territories or of the District of Columbia as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, and to issue his orders for that purpose, through the governor of the respective State or Territory, or through the commanding general of the militia of the District of Columbia, from which State, Territory or District such troops may be called, to such officers of the militia as he may think proper."

27 A proviso makes the act applicable only to the militia organized as a land force.

The act further provides that the militia when called into the federal service shall serve during the term of their enlistment, that the "organized militia" shall be called out by the President in advance of any volunteer force which it may be determined to raise, and that these troops may be employed "either within or without the territory of the United States." Punishment for refusal or neglect to obey a call is provided, and in general, provision made that the organization, armament and discipline governing the militia shall be the same as that prescribed for the regular volunteer forces of the United States.

The Secretary of War is directed to issue to the organized militia the necessary standard service arms and accoutrements. Instruction of the organized militia, practice marches and encampments, etc., are also provided for.