I believe Congress has total power over the District of Columbia militia, per Section 8 of Article I: "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 same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And"
This is consistent with my view that the Founders viewed the militia as a check --and protection for Congress -- against the standing army commanded by the Executive Branch. Giving Congress control of the District of Columbia --including control of it's police -- was another protection.
This concept did not show well on Sept 11. While the President, Vice-President, and other officials in the Executive Branch were immediately protected and rushed to secure fortresses, Members of Congress were left to wonder the Mall --unprotected and easy prey for any group armed merely with shotguns. The Chief of the Capitol Police --Congress' version of the Praetorian Guard --has since resigned.
During the Cold War, Congress approved laws giving the President dictatorial powers in a national emergency -- in order to ensure the continuity of government and national reconstitution in the event of a nuclear war. However, the check on that power was that it was subject to Congress' review and approval every six months. If most of Congress fails to survive an event, then that check doesn't exist. My understanding is that the jet which crashed in Pennsylvania --through the efforts of Todd Beamer and other passengers --was headed to the Capitol Building.
During the Cold War, Congress also gave the President authority to take command of the militia at will --without approval of Congress. Given that the Cold War is over, I think Congress should rescind that authority.
I recall an interesting Washington Post story about events on Sept 11. Some leaders of Congress were rushed to a secure, undisclosed location (probably the underground fortresses at Mount Weather,Va or Raven Rock,PA.) Later in the day, members of Congress wanted to return to Washington but were told to stand down by Dick Cheney. When one of the Senators protested that Congress was an independent branch of government, Dick Cheney replied "We [the Executive Branch] control the helicopters". See http://www.washingtonpost.com/ac2/wp-dyn/A42754-2002Jan26 .
I wonder if the scholars who mess with the Constitution have really thought about the implications of an end to the Cold War--and whether an adjustment to the laws or amendment to the Constitution is needed..
See Defeat of Carthage, Julius Caesar, and Roman Republic, Fall of.
