Thread: Senate GOP want to create a state militia

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Senate GOP want to create a state militia

By Howard Fischer

Capitol Media Services

PHOENIX - Top Senate Republicans are pushing to create a statewide version of a sheriff's posse.

The proposal would set up what in essence would be an unpaid state militia made up of volunteers. This militia - officiall to be called the Homeland Security Force - could be called out any time the governor decides its presence is necessary "to protect lives and property in this state.''

Sen. Jack Harper, R-Surprise, the prime architect of the measure, said that could include patrolling the border to search for those entering the country illegally. He said it would not be any sort of vigilante group, with its assignments ultimately up to the governor.

But Harper said the real impetus behind the measure, scheduled for a hearing Thursday morning by the Senate Government Committee, is giving whoever is the governor a force that could not be taken over by the president in times of emergency.

Harper, who chairs that committee, is not alone in his desire to create a force untouchable by Washington. Other prime sponsors include Senate Majority Leader Thayer Verschoor, R-Gilbert, and Senate Majority Whip John Huppenthal, R-Chandler.

SB 1132 also specifically exempts the volunteers from the federal Code of Military Justice that applies to soldiers - with one exception: Volunteers who discuss their sexual orientation with reporters would be expelled, a provision similar to the federal military's "Don't ask/don't tell'' philosophy.

The issue traces its roots to been a provision in a law approved by Congress late last year which specifically allows th president to federalize National Guard troops in time of emergency, with - or without - the consent of the state governor. That followed efforts by Bush to nationalize the Louisiana guard in the wake of Hurricane Katrina, a move blocked when Gov. Kathleen Blanco refused to relinquish command.

Congressional approval came over the specific objections of Gov. Janet Napolitano as chair of the National Governors Association.

Harper said he can't block federal law. But he can find a way around it by creating another force not subject to the president's call.

Jeanine L'Ecuyer, press aide to Gov. Janet Napolitano, declined to comment on what her boss thinks of the measure.

The idea apparently has precedent: The State Guard Association, a voluntary group which pushes for formation of state militias, reports that 22 states already have these forces that are subject only to the call of the governor.

Harper is quick to point out the force his measure would create would not be called a "militia,'' despite the fact that is what these organizations are called in other states - and despite the fact that the Arizona constitution specifically authorizes a "militia'' other than the National Guard of all citizens between the ages of 18 and 45.

"I have colleagues that I think are alarmed by the word 'militia' and also members of the media,'' he said. And Harper said the most recent use of the term has been in association with private military groups in the Middle East.

Harper was less anxious to explain his decision to include a provision barring members of the organization from publicly disclosing their sexual orientation.

"In keeping with the spirit of that provision of the bill, I would rather not talk about that subject as a topic for an interview,'' he said. But Harper did not deny that a volunteer talking with a reporter about a spouse and children could run afoul of the provision because it would be talking about that person's sexual orientation.

The militia already exists. All the state needs to do is call it up.

Every state should call up a militia.