Dunne v. People

Citations

• 94 Ill. 120

Syllabus

<p>1. Juror—exemption of active militia. The provision of the act of May 28, 1879, entitled “An act to provide for the organization of the State militia,” etc., which exempts an active member of a company of the State militia from serving upon juries, is a valid and constitutional law.</p> <p>2. State militia—State and Federal power—and herein, of their concurrent powers. The power in Congress to provide for organizing, arming, equipping and disciplining the militia, is not exclusive. It is merely an affirmative power, and not incompatible with the existence of a like power in the States; and hence the States have concurrent power of legislation not inconsistent with that of Congress. It is only repugnant and interfering State legislation that must give way to the paramount laws of Congress constitutionally enacted.</p> <p>3. The Federal constitution does not confer on Congress unlimited power over the militia of the several States, but it is restricted to specific objects enumerated, and for all other purposes the militia of the States remains subject to State legislation. The power of a State over its militia is not derived from the constitution of the United States. It is a power the States had before the adoption of that instrument, and its exercise by the States not being prohibited by it, it still remains with the States, subject only to the paramount authority of acts of Congress enacted in pursuance of the constitution.</p> <p>4. The reservation to the States of the power of appointing the officers of the militia, and authority to train the militia according to the discipline prescribed by Congress, does not place any restriction upon the States in respect of its power of concurrent legislation concerning its militia. The exception from a given power can not be considered as an enumeration of all the powers which belong to the States over the militia.</p> <p>5. There is no question of the power of a State to organize such portion of its militia as may be dee