Arkansas Constitution Article 11 - Militia
Arkansas Constitution – Article 11: Militia
Overview:
Article 11 of the Arkansas Constitution establishes the legal framework for the state’s militia, now commonly referred to as the Arkansas National Guard. It outlines the structure, authority, and responsibilities of the militia and the governor’s role as commander-in-chief.
Key Sections and Summary:
Section 1 – Who shall compose the militia
The militia shall consist of all able-bodied male persons between the ages of eighteen and forty-five years, except those exempted by the laws of the United States or of this state.
Summary: All able-bodied men between 18–45 are part of the state militia, unless legally exempt.
Section 2 – Organization, equipment, and discipline
The General Assembly shall provide for organizing, equipping, and disciplining the militia, and for the effectual enforcement of the laws of the United States and of this state.
Summary: The state legislature is responsible for setting rules and providing resources for the militia.
Section 3 – Volunteer companies
Volunteer companies of militia may be formed under regulations prescribed by law.
Summary: Volunteer militia units can be formed according to legal rules set by the state.
Section 4 – Governor to command
The Governor shall be commander-in-chief of the military and naval forces of this state, except when they shall be called into the actual service of the United States.
Summary: The Governor commands the state’s military forces unless they’re federally activated.
Section 5 – Officers – How chosen
The Governor shall nominate and, by and with the advice and consent of the Senate, appoint all general officers; and he shall also appoint his own staff. All other militia officers shall be elected by the persons liable to perform military duty, and shall be commissioned by the Governor.
Summary:
The Governor appoints high-ranking officers with Senate approval.
Lower-ranking officers are elected by those eligible for militia service and then commissioned by the Governor.
In Summary:
Article 11 of the Arkansas Constitution defines the composition and organization of the state militia, affirms the Governor’s authority as commander-in-chief, and describes how militia officers are selected. Although originally focused on a broader citizen militia, today this article mainly relates to the Arkansas National Guard and State Defense Forces, within the context of both state and federal law.
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