A Rather Odd Provision of the Idaho Constitution

A Rather Odd Provision of the Idaho Constitution

There are actually a number of rather odd provisions, but this is one of the more startling. Art. XIV, sec. 1:

Persons subject to military duty. All able-bodied male persons, residents of this state, between the ages of eighteen and forty-five years, shall be enrolled in the militia, and perform such military duty as may be required by law; but no person having conscientious scruples against bearing arms, shall be compelled to perform such duty in time of peace. Every person claiming such exemption from service, shall, in lieu thereof, pay into the school fund of the county of which he may be a resident, an equivalent in money, the amount and manner of payment to be fixed by law.

Note, "shall be enrolled in the militia." Normally, "shall" in legal documents is a requirement--something that must be done. It would be interesting find out when this enrollment requirement stopped.

Section 2 of Art. XIV is even more explicit:

Legislature to provide for enrolment of militia. The legislature shall provide by law for the enrolment, equipment and discipline of the militia, to conform as nearly as practicable to the regulations for the government of the armies of the United States, and pass such laws to promote volunteer organizations as may afford them effectual encouragement.