ecided following the
Civil War, a similar conclusion was based squarely on the Fifth
Amendment, although the case did not necessarily involve the point.
Finally, in United States _v._ Pacific Railroad,[1323] also a Civil War
case, the Court held that the United States was not responsible for the
injury or destruction of private property by military operations, but
added that it did not have in mind claims for property of loyal citizens
which was taken for the use of the national forces. "In such cases," the
Court said, "it has been the practice of the government to make
compensation for the property taken. * * *, although the seizure and
appropriation of private property under such circumstances by the
military authorities may not be within the terms of the constitutional
clauses."[1324] Meantime, however, in 1874, a committee of the House of
Representatives, in an elaborate report on war claims growing out of the
Civil War, had voiced the opinion that the Fifth Amendment embodied the
distinction between a taking of property in the course of military
operations or other urgent military necessity, and other takings for war
purposes, and required compensation of owners in the latter class of
cases.[1325] In determining what constitutes just compensation for
property requisitioned for war purposes during World War II, the Court
has assumed that the Fifth Amendment is applicable to such
takings.[1326]

Clause 15. _The Congress shall have Power_ * * * To provide for calling
forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions.

Clause 16. _The Congress shall have Power_ * * * To provide 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, reserving to the States respectively, the Appointment of the
Officers, and the Authority of training the Militia according to the
discipline prescribed by Congress.

The Militia Clauses

CALLING OUT THE MILITIA

The States as well as Congress may prescribe penalties for failure to
obey the President's call of the militia. They also have a concurrent
power to aid the National Government by calls under their own authority,
and in emergencies may use the militia to put down armed
insurrection.[1327] The Federal Government may call out the militia in
case of civil war; its authority to suppress rebellion is found in the
power to suppress insurrecti