The best definition of the Militia comes from the words of George Mason, one of the Framers of the Constitution for the united States of America…
“Who are the militia? They consist now of the whole people, except for a few public officers.”
That does not mean that the Militia is everyone at every moment in time. In refers to the people in the capacity of defenders of the community and enforcers of the law. In regard to that capacity they are expected to have and use the tools to perform that role: personal weapons, particularly firearms. Our military and police are people we “hire” to do that job for us on a full time paid basis but that does not mean that we are relieved of that duty ourselves should the need arise.
The military and police do have powers that ordinary people don’t such as enforcing certain regulations like traffic violations, and for the military, engaging in combat operations on foreign soil representing the United States of America but all people of the Republic have the power to repel invasions, suppress insurrections, and enforce the laws. Those are the same three duties laid upon the military and police who do the job full time.
This does not give the people the right to obstruct justice by impersonating officers or interfering with a lawful officer in performing his or her duty. We are expected to cooperate with each other in the enforcement of the law. The federal government on the other hand does not outrank state and local officials or the people in the area of law enforcement and is out of line when it attempts to extend its authority to try cases in federal courts over which it has no jurisdiction. The Constitution delegates very limited prosecution powers to the federal government such as treason, counterfeiting and crimes on the high seas and against the laws of nations (war crimes). Their jurisdiction however only applies to federal territory; State land ceded to the federal government by a State Legislature, but there is very little of that left. This does not include land merely owned by the federal government or on land on which some activity is conducted that is regulated by the federal government. It was never intended by the Framers that the power to regulate was the power to prosecute criminally and the federal government’s excuse for their overstepping is what they deem the “interstate commerce” clause which is false and amounts to amending the Constitution by statute instead of by the amendment procedure the Constitution allows.
The Constitution in Article I, Section 8 provides for the Congress to adopt regulations for the organizing and training of the Militia, but that organizing and training and appointment of officers, shall be done by the States. The Second Amendment mentions the Militia as an important reason why the people have a right to keep and bear arms; they must be ready to serve as Militia.
The National Guard although by definition is made up of individuals who are a part of the Militia, it is a separate force organized and funded under the constitutional authority to raise armies, not the authority to call up the Militia. This makes them part of the federal military and not what the Framers meant by the term Militia.
Any laws passed by federal or state governments prohibiting armed groups such as criminal gangs etc., do not and cannot apply to the Militia as that would be a violation of the Constitution.
Virtually anyone can call up a Militia but historically the call-ups have been made by sheriffs or mayors but in the absence of action by officials, the people can assemble on their own and be called by anyone who offers a credible reason to assemble.
It is advisable for the Militia to be kept in a state of readiness between emergencies but because the federal government has in its long standing thirst for power and control, has failed to educate the people to their obligation in regard to the Militia, thus we are woefully unprepared of late.
The Militia, contrary to many accusations and claims are not a vigilante body. They are not used to assume the role of a judge and jury. They are obligated to treat any accused the same way the police are expected to treat them. Miranda rights must still be given by informing the accused of their right to remain silent and to be represented by council.
It is clear then what the Militia is and how it is to be used and controlled by the people but if we have hired police, military and other agencies to enforce the laws on a full time basis why do we need them? Aside from the obvious reason that the full time authorities cannot be in all places at all times there are other situations in which the people must stand to protect themselves even from those who are hired to protect them;
“There may be no one to enforce the law except the Militia. The crime may be a conspiracy of local, state, and federal officials who can effectively block any official enforcement action. There is evidence that most computerized elections are subject to being rigged at any time, and that they are rigged with some regularity, at the direction of parties on the national level that control official law enforcement agencies at all levels. Of course, the rigging is very subtle. It can be done right under the noses of
pollwatchers. Investigating such rigging is a somewhat involved
operation, but it can be done, and should be before resorting to
Militia action. The same situation may occur with other kinds of
official corruption or abuse. The Militia may be the only honest
law enforcement activity remaining.
Most people are blissfully unaware of how bad things have become, or prefer not to see it or think about it. But it is approaching the point where more and more of them will be unable to sustain their state of ignorance or denial. It would be better to act now before things get much worse. The longer we wait, the more likely that there will be violent conflict, and we
really don't need another civil war.”
http://www.beyondweird.com/survival/qanda.html
There are reasons far more alarming for the readiness of Militia than corrupt voting procedures such as the true nature of FEMA. 96 % of FEMA’s budget has been used to build prisons around the country largely built by Halliburton a private company which has offices in our Pentagon (a civilian operation in our highest military installation?). Under the National Defense Industrial Resources Preparedness Executive Order 12919, June 9, 1994 Signed by Bill Clinton; FEMA is the key agency to operate a plan known as Operation Garden Plot which is a plan for putting American citizens in prison camps. There have been many military manuals written to outline the plan to put Americans under military control. Once such manual published in 1994 for military police outlines Operation Garden Plot as a DOD, Civil Disturbance Plan that tells the military what they can and cannot do and that they will operate under FEMA control. Under what cause this would happen is not stated but it is outlined in many military and quasi military publications that citizens who object to any government policies, belong to freedom organizations such as Tea Parties, members of the Militia, anyone who has ever professed a strong Christian belief, or an equally strong belief in the Constitution, has ever voted for a third party candidate or put a Ron Paul or Chuck Baldwin bumper sticker on their vehicle, those who protest taxes or sign anti-administration petitions and all registered gun owners are considered a threat to the continuity of government and are subject to “rounding up”.
During the emergency aid operations after Hurricane Katrina, FEMA was used to confiscate all privately owned guns house to house under the idiotic claim of maintaining the peace. This was just a practice drill and a very effective one since the people didn’t expect it.
Most people don’t realize that this country has been in a declared state of emergency since the Federal Emergency Act was enacted in 1933 which was the beginning of FEMA and also gave presidents the authority to issue Executive Orders. Each president since that time has issued an Executive Order declaring a state of National Emergency in order to keep the power unto himself and nullify the checks and balances built into the federal government by our founding documents.
Thousands of U.N. troops from foreign countries have been and are being trained on U.S. Soil, by the U.S. Military and government under the guise of Peace Keeping forces. Why would there be any need for foreign Peace Keeping forces in a peaceful nation with an enormous fully equipped military of its own unless the government was planning to do something which would render the population un-peaceful and the sons and daughters in the military were unlikely to comply with orders to take action against their own people? What could render the population un-peaceful?
Regardless of what plans may be in the making only an armed populace is secure. The fact that Americans are armed is the reason there is still a measure of freedom left in this country. It is also the reason we have never been invaded ie; the Emperor of Japan who chose not to invade when our military had been crippled at Pearl Harbor because he said he had attended college in the U.S.A. and he knew the people were armed.
No matter how many efforts are made to disarm America such as Hillary Clinton supporting the UN Small Arms Treaty, which she does not have the power to sign nor does the president without a 2/3 vote from the senate, it is a direct violation of the Constitution and the Bill of Rights.
Unarmed people are helpless. Armed people are secure in the knowledge that they do not need to use weapons to demonstrate the fact that they are free, just having them is enough.
A free people ought not only to be armed but disciplined; to which end a uniform and well digested plan is requisite: And their safety and interest require that they should promote such manufactories, as tend to render them independent on others, for essential, particularly for military supplies.
---George Washington's First Annual Message to Congress (January 8, 1790)
---George Washington's First Annual Message to Congress (January 8, 1790)
To suppose arms in the hands of citizens, to be used at individual discretion, except in private self-defense, or by partial orders of towns, countries or districts of a state, is to demolish every constitution, and lay the laws prostrate, so that liberty can be enjoyed by no man; it is a dissolution of the government. The fundamental law of the militia is, that it be created, directed and commanded by the laws, and ever for the support of the laws.
---John Adams, A Defence of the Constitutions of the United States 475 (1787-1788)
---John Adams, A Defence of the Constitutions of the United States 475 (1787-1788)
All able bodied American’s should be trained in the use of firearms and stand at the ready should the Militia ever be called to action. This is our duty assigned to us by the founders in our most sacred documents.
TLGA
Second paragraph refers to the "Federal Emergency Act". A search did not return results for "Federal Emergency Act" in 1933, but the following was found at http://fpc.state.gov/documents/organization/6216.pdf on page CRS-7:
ReplyDeleteFDR "issued the next national emergency proclamation some 48 hours after assuming office. Proclaimed March 6, 1933, on the somewhat questionable authority of the Trading with the Enemy Act of 1917,30 the proclamation declared a so-called “bank holiday” and halted a major class of financial transactions by closing the banks."
The balance of the document is an interesting read.
Democracy = Incremental Tyranny
ReplyDeleteDemcracy = SLAVERY
Return the 13th Amendment expeciously
to end the Lawyers Monopoly in DC
That has been done. In restoring the Republic we have returned to the original Constitution, circa 1789. However the Bill of Rights is re-instated up to the original 13th Amendment which the de facto buried and replaced in order to seat foreign invaders in public office. For those who are not familiar with the original 13th, read here....http://www.newsweek.com/2010/07/27/why-some-republicans-want-to-restore-the-13th-amendment.html and here... http://www.uhuh.com/constitution/am13-fgd.htm
ReplyDeleteGreat article T, keep 'm coming...
ReplyDelete