§  474.  The  language  of  the  constitutional  grant  of  power
should  be  noticed.  It  is  not  that  Congress  may  call  forth,  but
may  provide  for  calling  forth,  the  militia.  The  legislature  may
therefore  pass  general  laws  applicable  to  circumstances  that
may  arise  in  the  future,  and  therein  may  empower  the  Execu-
tive —  and  perhaps  any  other  designated  individual  —  to  sum-


THE  MILITARY  AND   WAR  POWERS.  299

non  the  militia  into  active  service,  upon  the  happening  of
either  contingency  contemplated  by  the  Constitution.  Such  a
law  is  almost  indispensable.  The  Congress  is  not  always  in
session ;  and  ciroiumstances  may  arise  during  its  recess  de-
manding an  immediate  resort  to  arms,  when  a  delay  would  be
ruinous.  Governed  by  these  considerations.  Congress  at  a
very  early  day  (1795)  passed  a  statute  authorizing  the  Presi-
dent to  call  forth  the  militia  in  the  Cases  prescribed  by  the
organic  law,  which  is  still  operative.  Under  its  provisions
President  Lincoln  made  his  first  requisition  for  75,000  men.
§  475.  Two  cases  have  been  decided  by  the  Supreme  Court
of  the  United  States  under  the  grant  of  power  to  call  forth  the
militia.  These  cases,  and  especially  the  first  in  order  of  time,
enter  somewhat  fully  into  a  discussion  of  the  relative  powers
of  the  nation  and  of  the  states  over  the  militia,  the  nature
and  object  of  this  military  organization,  etc.,  which  it  is  un
necessary  to  quote.  The  reader  is  referred  to  the  judgments
themselves  for  the  views  of  the  different  members  of  the  court.
