United States Constitutional Militias.
State’s Constitutional Militias Buy More Firearms In 3 Months, Than What It Takes To Outfit The Entire Chinese And Indian Armies Combined!
Ultimate power over the militia is not delegated to the United States by the Constitution nor to the states, but resides with the people.
Consequently, the power of the militia remains in the hands of the people. Again, the fundamental function of the militia in society remains with the people.
Therefore, the Second Amendment recognizes that the militia’s existence and the security of the state rests ultimately in the people who volunteer their persons to constitute the militia and their arms to supply its firepower. The primary defense of the state rests with the citizen militia bearing its own arms.
Fundamentally, it is not the state that defends the people, but the people who defend the state. The secondary defense of the state consists in the statutory organization known as the National Guard. Whereas the National Guard is solely the creation of statutory law, the militia derives its existence from the inherent inalienable rights of man which existed before the Constitution and whose importance are such that they merited specific recognition in that document.
While the National Guard came into existence as a result of legislative activity, the militia existed before there was a nation or a constitutional form of government. The militia consisting of people owning and bearing personal weapons is the very authority out of which the United States Constitution grew.
“You cannot invade the mainland United States. There would be a rifle behind every blade of grass.” – Admiral Isoroku Yamamoto WWII
Washington, DC – -(AmmoLand.com)- It seem that readers of our recent post about honest Americans buying enough guns to outfit the current active army’s of China and India have been having trouble finding the hard data and facts to substantiate this article.
Chinese and Indian Standing Army Numbers:
Here is the link to the NICS: The National Instant Criminal Background Check System.
As reported earlier each of the last few months has been a record for firearm purchases or sales in the USA with a record 1,529,635 background checks being performed in March of 2009 alone. Firearm Sales Continue to Climb in March 2009
The bottom line is the U.S. Constitution guarantees under Art. IV, Section 4: “The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.”
That hasn’t happened and it isn’t going to happen. The agenda is chaos and open borders. Comrade Obama/Soetoro told Felipe Calderon “we are not defined by our borders.” Does anyone need further clarification?
Dr. Edwin Vieira has been writing scholarly columns on the constitutional militia since 2005. I’ve written many columns about his work to give as much exposure as possible. As I have said so many times: Had the constitutional militia been reconstituted when Katrina hit, we would not have seen the mass misery OR the military brought in to handle the situation. THAT is what the constitutional militia is for and required under the Second Amendment:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The framers of the U.S. Constitution and those who wrote the Bill of Righrs used an economy of words. The word necessary doesn’t mean might be, could be or maybe. Necessary is definded as: being essential, indispensable, or requisite, not free; involuntary: a necessary agent.
“Because the Constitution itself empowers “the Militia of the several States” for National purposes, the Militia are not optional, discretionary, or disposable for Congress, the President, the Judiciary, the States, or even We the People. First, because the Militia are “the Militia of the several States”, Congress lacks all authority either to create or to dissolve them. Congress also lacks authority to disregard, neglect, or impede the Militia, with respect either to their performance of their constitutionally mandated services to the Nation, or to their practical ability to perform those services. Instead, Congress’s powers and duties are “[t]o provide for calling forth the Militia” for particular National purposes, and to make them fully effective for those purposes by “provid[ing] for organizing, arming, and disciplining the[m]”. Article I, Section 8, Clauses 15 and 16. The President “shall be” their “Commander in Chief” “when [they are] called into the actual Service of the United States”. Article II, Section 2, Clause 1. And the Judiciary lacks authority to absolve either Congress or the President of these responsibilities.
“Second, although “the Militia of the several States” are State institutions, the States cannot dispense with them, either, because the Constitution presupposes their permanence, and the Constitution is “the supreme Law of the Land”. Article VI, Clause 2. Obviously, if the States could dissolve their Militia at will, they could erase Congress’s power to “call[ ] forth the Militia”. They could render unfulfillable the duty of the United States to “guarantee to every State in this Union a Republican Form of Government” and to “protect each of them against Invasion; and * * * against domestic Violence”. Article IV, Section 4. And they could even disarm themselves from “engag[ing] in War” when “actually invaded, or in such imminent Danger as will not admit of delay”, because (absent dispensation from Congress) they would have no other armed forces to deploy. Article I, Section 10, Clause 3.
“Third, because the Militia are State institutions, the Constitution reserves to the States an exclusive power and duty to “govern[ ] such Part of them as may [not] be employed in the Service of the United States”, and a concurrent power and duty to provide for organizing, arming, and disciplining their Militia if Congress refuses, fails, or is unable to do so, in whole or in part. See Article I, Section 8, Clause 16; Amendment X; Amendment XIV, Section 1; and Houston v. Moore, 18 U.S. (5 Wheaton) 1 (1820). Indeed, if a negligent or criminal Congress, by shirking its duties or conspiring to defeat the Constitution, could render the Militia impotent and thereby put the Nation and States in peril, and the States nevertheless could do nothing to correct the situation, it would be absurd to speak of “the Militia of the several States” at all.
“Fourth, because (as Part Two of this article will explain) the Militia are composed of We the People in arms, all Americans retain the right and reserve the power to array themselves in “the Militia of the[ir] several States” should Congress and the States completely fail, neglect, or refuse to perform their duties in that particular.”
Tune out the noise from useful fools like the Southern “Poverty” Law Center, militant, America hating operations like LaRaza and all the rest of them. What we the people must concentrate our efforts towards are the state legislatures — particularly the border states and others like Oklahoma. Seventeen states are now passing versions of Arizona’s new law and as the noose tightens and the Outlaw Congress in partnership with Marxist Obama/Soetoro try to jam mass amnesty down our throats, the illegals and their advocates will cross the line. Mark my words.
The minute the word militia is used in any context, the historically stupid know nothings (media, politicians and, sadly, too many ordinary Americans) go ballistic. Thanks to the efforts of pernicious smear campaigns by cash cows like the Southern “Poverty” Law Center, the ADL and other special interest groups, the vast majority of lawmakers at all levels, including sheriffs, have no understanding of the constitutional militia and it’s history. As I’ve been out of school many decades, I don’t remember learning about this important part of our history. But, when Edwin began writing about it, the light bulb went on in my head. Now, it’s up to us to assist our state lawmakers in understanding the militia is critical to the security of a free state.
For all those sending me a hundred emails a day that the UN and Marxist Hillary Clinton are going to take your guns or some other state or federal official, read this: The Second Amendment requires a well regulated militia to make sure the security of a free State is backed up by fire power. That means our God given right to own and bear arms. The communist controlled United Nothing (UN) cannot and will not take our guns. Treaties cannot over ride the U.S. Constitution. Marxist Clinton is a usurper who has no authority to play Secretary of State. I hope people will tone down the hysteria and concentrate on the solution. Put your energy and time into contacting your state reps and senators. If they refuse to get the job done, boot them in November. The elections six months from now aren’t just about Congress — your state legislature is all important when you go to the ballot box.
George Washington eventually came around to Henry’s wisdom regarding the militia. Please bookmark and take the time to read this link: President George Washington Structured The Militia System To Prevent Treason And Tyranny By Public Officials. The states created the federal government under the authority of the U.S. Constitution. They still hold the power. The Bill of Rights came later because men of Patrick Henry’s raw courage fully understood how easily public officials could be corrupted: “What will you do when evil men take office?” The states guarded their sovereignty and people of the states, appreciating how much blood ran on battle fields to give them their freedom and liberty, cherished it deeply.
When the Militia Act of 1903 (32 Stat. 775) was passed, it became known as the Dick Act and changed the structure of the militia. Actually, it wiped out the real militia and federalized them under various titles and organizations, supposedly for uniformity. Believe me when I tell you: nothing happens in politics by accident. There are those who say that Act cannot be repealed. According to Dr. Vieira’s Herculean research: “Because the Constitution itself empowers “the Militia of the several States” for National purposes, the Militia are not optional, discretionary, or disposable for Congress, the President, the Judiciary, the States, or even We the People. First, because the Militia are “the Militia of the several States”, Congress lacks all authority either to create or to dissolve them.” That isn’t his opinion, it is historical fact.
Recall what Edwin wrote above: “Fourth, because (as Part Two of this article will explain) the Militia are composed of We the People in arms, all Americans retain the right and reserve the power to array themselves in “the Militia of the[ir] several States” should Congress and the States completely fail, neglect, or refuse to perform their duties in that particular.”
Not only has the Outlaw Congress failed for nearly three decades to stop this invasion of human cargo, drugs and terrorists, we now have foreign military flying over U.S. soil and Mexican pirates holding American citizens at gun point to rob (next will be murders, you watch) them on U.S. soil. How many more Americans will end up like Roger Barnett?
CONSTITUTIONAL RESTRICTIONS OF THE PRESIDENT:
OVERVIEW OF THE POSSE COMITATUS ACT
This appendix provides a broad overview of the Posse Comitatus Act, which restricts the participation of the military in domestic law enforcement activities under many circumstances.
The origins of “posse comitatus” are to be found in domestic law. Black’s Law Dictionary defines the term “posse comitatus” as:
the power or force of the county. The entire population of a county above the age of fifteen, which a sheriff may summon to his assis- tance in certain cases as to aid him in keeping the peace, in pursu- ing and arresting felons, etc.1
The Posse Comitatus Act, 18 U.S. Code, Section 1385, an original intent of which was to end the use of federal troops to police state elections in former Confederate states, proscribes the role of the Army and Air Force in executing civil laws and states:
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise
1Lujan (1997) notes that the commander of JTF-LA mistakenly believed his activities were subject to Posse Comitatus restrictions when they were not.
244 Preparing the U.S. Army for Homeland Security
to execute the laws shall be fined not more than $10,000 or impris-oned not more than two years, or both.2
According to Lujan (1997), the Air Force was added to the original language in 1956. Although the Navy and Marine Corps are not included in the act, they were made subject to it by DoD Regulation (32 C.F.R. Section 213.2, 1992).
KEY EXCEPTIONS TO THE POSSE COMITATUS ACT
A summary of key exceptions to the Posse Comitatus Act follows:3
• National Guard forces operating under the state authority of Title 32 (i.e., under state rather than federal service) are exempt from Posse Comitatus Act restrictions.
• Pursuant to the presidential power to quell domestic violence, federal troops are expressly exempt from the prohibitions of Posse Comitatus Act, and this exemption applies equally to active-duty military and federalized National Guard troops.4
• Aerial photographic and visual search and surveillance by mili- tary personnel were found not to violate the Posse Comitatus Act.
• Congress created a “drug exception” to the Posse Comitatus Act. Under recent legislation, the Congress authorized the Secretary of Defense to make available any military equipment and per- sonnel necessary for operation of said equipment for law
2The language of the Posse Comitatus Act was further amended by congressional action reflected in P.L. 103-322 (1994).
3For further details, the reader is directed to: Lujan (1997); Department of the Army (undated); and to the notes of various court decisions refining the interpretation of the Posse Comitatus Act. For the latter, see United States Code, Title 18, Crimes and Criminal Procedures, Sections 1361 to 1950 2000 Cumulative Annual Pocket Part, St. Paul, Minn.: West Group, 2000, pp. 13–17.
410 U.S. Code Sections 331 through 334 provide guidance. Section 332 states: “When- ever the President considers the unlawful obstructions, combinations, or assemblages, or rebellion against the United States, makes it impracticable to enforce the laws of the United States in any state or territory by the ordinary course of judicial proceedings, he may call into federal service such of the militia of any state, and use such of the armed forces to suppress the rebellion” (Lujan, 1997).
Overview of the Posse Comitatus Act 245
enforcement purposes. Thus, the Army can provide equipment, training, and expert military advice to civilian law enforcement agencies as part of the total effort in the “war on drugs.”
• Use of a member of the Judge Advocate Corps as a special assis- tant prosecutor, while retaining his dual role in participating in the investigation, presentation to the grand jury, and prosecu- tion, did not violate Posse Comitatus Act.
• The Coast Guard is exempt from Posse Comitatus Act during peacetime.
• Although brought under the Act through DoD regulation, described above, the Navy may assist the Coast Guard in pursuit, search, and seizure of vessels suspected of involvement in drug trafficking.
IMPLICATIONS FOR ARMY HOMELAND SECURITY ACTIVITIES
There is a rather diverse range of potential activities engendered in each of the homeland security task areas—domestic preparedness, COG, border and coastal defense, and continuity of operations—that may involve circumstances in which the Army is asked to assist domestic law enforcement. Accordingly, it is critical that the Army develop doctrine, leadership, and training programs that can provide clear and specific guidance on when and how the Posse Comitatus Act—as well as any other laws that proscribe Army activities in the domestic arena—applies and when it does not.
Obama fearing a revolution against him by the states, has moved swiftly by nationalizing nearly all National Guard Forces in multiple states; Georgia, Alabama, Kansas, Minnesota, Tennessee, Virginia, Louisiana, South Carolina – to name a few. The Governors of the Great States of Alabama, Georgia, Louisiana, South Carolina, Tennessee, Texas, and Virginia still have under their Command-and-Control the State Defense Forces to go against U.S. Federal forces should the need arise. Also important to note: There are NO U.S. laws prohibiting National Guard troops from also joining their State’s Defense Forces. This dilemma occurred during the Civil War with many “citizen soldiers” choosing to serve their states instead of the Federal Government.
Obama is angered by the several State Governors who have reestablished “State Defense Forces.” These forces are described as: “State Defense Forces (also known as State Guards, State Military Reserves, State Militias) in the United States are military units that operate under the sole authority of a state government; they are not regulated by the National Guard Bureau nor are they part of the Army National Guard of the United States. State Defense Forces are authorized by state and federal law and are under the command of the governor of each state. State Defense Forces are distinct from their state’s National Guard in that they cannot become federal entities.”
Mr. Obama is fearful of these State Defense Forces, in that he does not have control of said forces, and with the U.S. Military stretched to near breaking from multiple deployments and theatre actions in Iraq and Afghanistan, these State military forces would be under the direct command and authority of the Governors in which states have said forces. In essence, the Governors would have “de facto control” of the United States.
The two Governors leading this move are: Tim Pawlenty, Governor of Minnesota; and Rick Perry, Governor of Texas. Both of these State Governors stated they have: “…deep fear the President is destroying their Nation.” Governor Pawlenty’s fear of Obama is that since Obama took office he has appeased America’s enemies and has shunned some of America’s strongest allies, especially Israel. Governor Perry has declared that Obama is punishing his State of Texas by dumping tens-of-thousands of illegal Mexican immigrants into the cities and small towns of Texas. Governor Perry further recently stated: “If Barack Obama’s Washington doesn’t stop being so oppressive, Texans might feel compelled to renounce their American citizenry and secede from the union.”
Dr. Lyle J. Rapacki
Lyle is an intelligence analyst and consultant who receives and disseminates critical intelligence and policy information from and to law enforcement, intelligence operatives, homeland security officials, government and community leaders. He is the author of dozens of white papers, bulletins and briefings, and he is frequently called on to share his expertise with public and private security directors and organizations.
Lyle J. Rapacki, Ph.D.
Protective Intelligence and Assessment Specialist
Consultant at Behavioral Analysis and Threat Assessment
Independent Intelligence and Information Warfare Analyst
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- The Posse Comitatus Act 245
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- January 5, 2011 / 2:11 AM