Rumor vs Reality

Rumor: Private militias are protected by the Constitution. Reality: Militias are only legal if they've been called up by the government.
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This card was produced in partnership with the Stop Digital Voter Suppression Project.

Militias are only legal if they have been activated by the state or federal government. They have no right to attempt to intimidate people or to enforce laws. If you see any such activity, call the police.

References

The National Constitution Center: US Constitution, Section 8

Cornell University, Legal Information Institute: U.S. Constitution Annotated Article I. LEGISLATIVE DEPARTMENT Section VIII Clause XV Clause XVI. Clauses 15 and 16. The Militia THE MILITIA CLAUSES

Georgetown Law, Institute for Constitutional Advocacy and Protection: Fact Sheets on Unlawful Militias for All 50 States Now Available from Georgetown Law’s Institute for Constitutional Advocacy and Protection

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