What does the Georgia Law say about the militia

Artical 1 Section 2 paragraph 5 of the Georgia constitution states: Legislative acts in violation of this Constitution,
or the Constitution of the United States, are void, and the Judiciary shall so declare them.

in Marbury v. Madison held that

Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction
of the Supreme Court beyond that permitted by the Constitution. Congress cannot pass laws that are contrary to the Constitution,
and it is the role of the Federal courts to interpret what the Constitution permits.

The recent Heller decision heard by the supreme court held:

"the prefatory clause comports with the courts interpretation of the operative clause. The “Militia” comprised of all males physically capable of acting in concert for the common defense .the anti Federalist feared that the federal government would disarm the people in order to disable this citizens militia ,enabling a politicized standing army or a select militia to rule. the response was to deny congress power to abridge the ancient right of individuals to keep and bear arms,so that the citizens militia would be preserved" pp.22-28

O.C.G.A. § 36-2-1

GEORGIA CODE
Copyright 2006 by The State of Georgia
All rights reserved.
*** Current through the 2006 Regular Session ***

TITLE 36. LOCAL GOVERNMENT
PROVISIONS APPLICABLE TO COUNTIES ONLY
CHAPTER 2. MILITIA DISTRICTS

O.C.G.A. § 36-2-1 (2006)
§ 36-2-1. Division of county into militia districts
(a) Each county is divided into militia districts according to its territory and population.
(b) Militia districts are to remain the same as presently organized until changed in the manner prescribed in this chapter.
HISTORY: Orig. Code 1863, §§ 453, 454; Code 1868, §§ 515, 516; Code 1873, §§ 481, 482; Code 1882, §§ 481, 482; Civil Code 1895, §§ 330, 331; Civil Code 1910, §§ 373, 374; Code 1933, §§ 23-201, 23-202.

O.C.G.A. § 38-2-3

GEORGIA CODE
Copyright 2006 by The State of Georgia
All rights reserved.

*** Current through the 2006 Regular Session ***
TITLE 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
CHAPTER 2. MILITARY AFFAIRS
ARTICLE 1. STATE MILITIA GENERALLY
PART 1. GENERAL PROVISIONS

O.C.G.A. § 38-2-3 (2006)

§ 38-2-3. Division and composition of militia; membership of unorganized militia
(a) The militia of the state shall be divided into the organized militia, the state reserve list, the state retired list, and the unorganized militia.
(b) The organized militia shall be composed of:
(1) An Army National Guard and an Air National Guard which forces, together with an inactive National Guard, when such is authorized by the laws of the United States and regulations issued pursuant thereto, shall comprise the Georgia National Guard;
(2) The Georgia Naval Militia whenever such a state force shall be duly organized; and
(3) The State Defense Force whenever such a state force shall be duly organized.
(c) The state reserve list and the state retired list shall include the persons who are lawfully carried thereon and such persons as may be transferred thereto or placed thereon by the Governor in accordance with this chapter.
(d) Subject to such exemptions from military duty as are created by the laws of the United States, the unorganized militia shall consist of all able-bodied male residents of the state between the ages of 17 and 45 who are not serving in any force of the organized militia or who are not on the state reserve list or the state retired list and who are, or who have declared their intention to become, citizens of the United States.
HISTORY: Ga. L. 1916, p. 158, §§ 1, 3, 4; Code 1933, §§ 86-201, 86-209, 86-301, 86-401; Ga. L. 1951, p. 311, § 3; Ga. L. 1955, p. 10, § 4; Ga. L. 1985, p. 356, § 2.

§ 38-2-5. Federal call up of militia; Governor's duties; utilization of unorganized militia; effect of unit's absence
When the militia of the state is called into federal service under the Constitution and laws of the United States, the Governor shall order out for service the organized militia or such part thereof as may be necessary; and, if the number available is insufficient, the Governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia. During the absence of the organized militia in the service of the United States, their state designations shall not be given to new organizations.

O.C.G.A. § 38-2-70

GEORGIA CODE
Copyright 2006 by The State of Georgia
All rights reserved.

*** Current through the 2006 Regular Session ***

TITLE 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
CHAPTER 2. MILITARY AFFAIRS
ARTICLE 1. STATE MILITIA GENERALLY
PART 4. UNORGANIZED MILITIA

O.C.G.A. § 38-2-70 (2006)
§ 38-2-70. Organizations from unorganized militia; applicable regulations; enlistment and volunteers
To the extent permitted by the Constitution and laws of the United States, the Governor may:
(1) Order into active state service, recognize existing, or authorize the establishment of organizations of the unorganized militia, of designated classes thereof, or of volunteers therefor, as he may deem to be for the public interest;
(2) Prescribe for those organizations enumerated in paragraph (1) of this Code section such parts of the regulations governing the organized militia as may be applicable thereto or establish such regulations therefor, or both, as he may deem proper; and
(3) Provide for the separate organization of the unorganized militia and authorize the enlistment in such organizations of persons volunteering for such service who are not otherwise subject to military duty under Code Section 38-2-3.
HISTORY: Ga. L. 1916, p. 158, § 2; Code 1933, §§ 86-206, 86-210; Ga. L. 1955, p. 10, § 9.

O.C.G.A. § 38-2-71

GEORGIA CODE

Copyright 2006 by The State of Georgia
All rights reserved.
*** Current through the 2006 Regular Session ***
TITLE 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
CHAPTER 2. MILITARY AFFAIRS
ARTICLE 1. STATE MILITIA GENERALLY
PART 4. UNORGANIZED MILITIA
O.C.G.A. § 38-2-71 (2006)

§ 38-2-71. Registration of members of unorganized militia
Whenever he shall deem it necessary, the Governor may direct the members of the unorganized militia to present themselves for and submit to registration at such time and place and in such manner as may be prescribed by regulations issued pursuant to Code Section 38-2-110.

O.C.G.A. § 38-2-72

GEORGIA CODE
Copyright 2006 by The State of Georgia
All rights reserved.


*** Current through the 2006 Regular Session ***

TITLE 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
CHAPTER 2. MILITARY AFFAIRS
ARTICLE 1. STATE MILITIA GENERALLY
PART 4. UNORGANIZED MILITIA

O.C.G.A. § 38-2-72 (2006)


§ 38-2-72. Volunteers or draftees from unorganized militia serving in organized militia; draft of unorganized militia; compensation and duration of duty

(a) Whenever it is necessary in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof, or whenever it is necessary to maintain the organized militia or any force thereof at the number required for public safety or prescribed by the laws of the United States, the Governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia or he may direct the members of the unorganized militia or such of them as may be necessary to be drafted into the organized militia or any force thereof.

(b) Whenever it is necessary in time of war or in case of invasion, disaster, or other like emergency, or imminent danger thereof, the Governor may direct the members of the unorganized militia or such of them as may be necessary to be drafted under such regulations as he may prescribe into the active service of the state and to serve as directed by him.

(c) Whenever members of the unorganized militia are drafted into the active service of the state, they shall serve for such period as the Governor may direct, not to exceed the duration of the emergency for which they may be drafted. The compensation of all members of the unorganized militia, while on duty or assembled pursuant to this Code section, shall be paid in the manner prescribed by Code Section 38-2-250.

HISTORY: Ga. L. 1916, p. 158, § 2; Code 1933, § 86-205; Ga. L. 1951, p. 311, §§ 11, 12; Ga. L. 1955, p. 10, § 10.

O.C.G.A. § 38-2-73

GEORGIA CODE
Copyright 2006 by The State of Georgia
All rights reserved.


*** Current through the 2006 Regular Session ***


TITLE 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
CHAPTER 2. MILITARY AFFAIRS
ARTICLE 1. STATE MILITIA GENERALLY
PART 4. UNORGANIZED MILITIA


O.C.G.A. § 38-2-73 (2006)


§ 38-2-73. Failure to appear for registration or draft; penalty


(a) It shall be unlawful for any member of the unorganized militia who is ordered to register or to be drafted under Code Sections 38-2-71 and 38-2-72 to fail to appear at the time and place designated in such order.

(b) Any person who commits the offense described in subsection (a) of this Code section shall be guilty of a misdemeanor.

HISTORY: Ga. L. 1916, p. 158, § 2; Code 1933, § 86-208; Ga. L. 1951, p. 311, § 15; Ga. L. 1955, p. 10, §§ 11, 106.

O.C.G.A. § 50-3-1

GEORGIA CODE
Copyright 2006 by The State of Georgia
All rights reserved.


*** Current through the 2006 Regular Session ***


TITLE 50. STATE GOVERNMENT
CHAPTER 3. STATE FLAG, SEAL, AND OTHER SYMBOLS
ARTICLE 1. STATE AND OTHER FLAGS


O.C.G.A. § 50-3-1 (2006)


§ 50-3-1. Description of state flag; militia to carry flag; defacing public monuments; obstruction of Stone Mountain


(a) The flag of the State of Georgia shall consist of a square canton on a field of three horizontal bands of equal width. The top and bottom bands shall be scarlet and the center band white. The bottom band shall extend the entire length of the flag, while the center and top bands shall extend from the canton to the fly end of the flag. The canton of the flag shall consist of a square of blue the width of two of the bands, in the upper left of the hoist of the flag. In the center of the canton shall be placed a representation in gold of the coat of arms of Georgia as shown in the center of the obverse of the Great Seal of the State of Georgia adopted in 1799 and amended in 1914. Centered immediately beneath the coat of arms shall be the words "IN GOD WE TRUST" in capital letters. The coat of arms and wording "IN GOD WE TRUST" shall be encircled by 13 white five-pointed stars, representing Georgia and the 12 other original states that formed the United States of America. Official specifications of the flag, including color identification system, type sizes and fonts, and overall dimensions, shall be established by the Secretary of State, who pursuant to Code Section 50-3-4 serves as custodian of the state flag. Every force of the organized militia shall carry this flag while on parade or review.
(b)(1) It shall be unlawful for any person, firm, corporation, or other entity to mutilate, deface, defile, or abuse contemptuously any publicly owned monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof, and no officer, body, or representative of state or local government or any department, agency, authority, or instrumentality thereof shall remove or conceal from display any such monument, plaque, marker, or memorial for the purpose of preventing the visible display of the same. A violation of this paragraph shall constitute a misdemeanor.

(2) No publicly owned monument or memorial erected, constructed, created, or maintained on the public property of this state or its agencies, departments, authorities, or instrumentalities in honor of the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof shall be relocated, removed, concealed, obscured, or altered in any fashion; provided, however, that appropriate measures for the preservation, protection, and interpretation of such monuments or memorials shall not be prohibited.

(3) Conduct prohibited by paragraphs (1) and (2) of this subsection shall be enjoined by the appropriate superior court upon proper application therefor.

(4) It shall be unlawful for any person, firm, corporation, or other entity acting without authority to mutilate, deface, defile, abuse contemptuously, relocate, remove, conceal, or obscure any privately owned monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof. Any person or entity who suffers injury or damages as a result of a violation of this paragraph may bring an action individually or in a representative capacity against the person or persons committing such violations to seek injunctive relief and to recover general and exemplary damages sustained as a result of such person's or persons' unlawful actions.

(c) Any other provision of law notwithstanding, the memorial to the heroes of the Confederate States of America graven upon the face of Stone Mountain shall never be altered, removed, concealed, or obscured in any fashion and shall be preserved and protected for all time as a tribute to the bravery and heroism of the citizens of this state who suffered and died in their cause.

HISTORY: Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1004; Ga. L. 1951, p. 311, § 43; Ga. L. 1955, p. 10, § 90; Ga. L. 1956, p. 38, § 1; Ga. L. 2001, p. 1, § 1; Ga. L. 2003, p. 26, § 1; Ga. L. 2004, p. 731, § 1.