Title 10 U.S.C. Section 311. Militia: composition and classes
The Militia of the United States consists of all able bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
The classes of the militia are, the organized militia, which consists of the National Guard and the Naval Militia; and the unorganized militia which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
And Article 18, Sections 1-2 of the New Mexico State Constitution, which states: Section 1. [Composition, Name and Commander in Chief of Militia.] .
The Militia of this State shall consist of all able-bodied male citizens between the ages of eighteen and forty-five, except such as are exempt by laws of the United States or of this State.
The organized Militia shall be called the "National Guard of New Mexico," of which the Governor shall be the Commander in Chief.
Section 2. [Organization, Discipline and Equipment of Militia.] The Legislature shall provide for the organization, discipline and equipment of the Militia, which shall conform as nearly as practicable to the organization, discipline and equipment of the Regular Army of the United States, and shall provide for the maintenance thereof.
ACCOUNTABILITY AND ORGANIZATION:
The New Mexico Militia shall be accountable to the Governor of the State of New Mexico. The Militia shall be subject to callout by the above parties by a concurrence of the Militia command. The Militia reserves the right to refuse service to any state or local officer believed by the command to be in violation of their oath of office.