New York Constitution Article XII - Defense
New York Constitution – Article XII: Defense
Summary:
Article XII of the New York Constitution addresses the defense responsibilities of the state, particularly focusing on the militia and military service.
Key Provisions:
State Militia:
The organized militia of the state (often the National Guard) is recognized as part of the defense force.
The legislature has the authority to provide for the organization, discipline, and training of the militia.
Military Subordination to Civil Power:
A fundamental principle affirmed in this article is that the military shall always be subordinate to the civil power.
Compulsory Military Service:
The state may require citizens to serve in the militia or other defense roles as prescribed by law, especially during times of war, rebellion, or invasion.
Governor’s Role:
The Governor is the commander-in-chief of the state’s military forces, except when they are called into federal service.
Use of Military Power:
The military power of the state shall not be used to interfere with the exercise of civil rights except in situations involving law enforcement, public safety, or emergencies.
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