on and to carry on war.[1328] The act of
February 28, 1795,[1329] which delegated to the President the power to
call out the militia, was held constitutional.[1330] A militiaman who
refused to obey such a call was not "employed in the service of the
United States so as to be subject to the article of war," but was liable
to be tried for disobedience of the act of 1795.[1331]

REGULATION OF THE MILITIA

The power of Congress over the militia "being unlimited, except in the
two particulars of officering and training them, * * *, it may be
exercised to any extent that may be deemed necessary by Congress. * * *
The power of the State government to legislate on the same subjects,
having existed prior to the formation of the Constitution, and not
having been prohibited by that instrument, it remains with the States,
subordinate nevertheless to the paramount law of the General Government,
* * *"[1332] Under the National Defense Act of 1916,[1333] the militia,
which hitherto had been an almost purely State institution, was brought
under the control of the National Government. The term "militia of the
United States" was defined to comprehend "all able-bodied male citizens
of the United States and all other able-bodied males who have * * *
declared their intention to become citizens of the United States,"
between the ages of eighteen and forty-five. The act reorganized the
National Guard, determined its size in proportion to the population of
the several States, required that all enlistments be for "three years in
service and three years in reserve," limited the appointment of officers
to those who "shall have successfully passed such tests as to * * *
physical, moral and professional fitness as the President shall
prescribe," and authorized the President in certain emergencies to
"draft into the military service of the United States to serve therein
for the period of the war unless sooner discharged, any and all members
of the National Guard and National Guard Reserve," who thereupon should
"stand discharged from the militia."

Clause 17. _Congress shall have power_ * * * To exercise exclusive
Legislation in all Cases whatsoever, over such District (not exceeding
ten Miles square) as may, by Cession of particular States, and the
Acceptance of Congress, become the Seat of the Government of the United
States, and to exercise like Authority over all Places purchased by the
Consent of the Legislature of the State in which the