A well regulated Militia

The Authentic Homeland Security

Within the Second Amendment of the Bill of Rights, A well regulated Militia refers to “the militia of the several states” and each are clarified today as an unorganized Constitutional Militia. It’s a state Militia of free Citizens far different than the State National Guard.

In US Code Title 10, these militia are designated as “unorganized” since they must remain unfunded and unorganized by special interests. Rather, each militia is self-assembled and organized by the people and shall stay fully independent; that it may challenge or bypass established authorities should they abuse authority or fail to perform their lawful duties. Ideally, the Governor of each state should be the militia’s respective commander unless the Governor’s political interests conflict with the values of a free state.

This constitutionally mandated institution, delineated in the Bill of Rights as “being necessary to the security of a free state,” is integrated into each state constitution. These constitutions specify that the Militia consist of all able-bodied residents between certain ages, generally from the age eighteen to sixty years. For certain it has always been up to us —The People, not the government, to ensure this Nation remain a free state.

The Sword and Sovereignty: The militia reigns supreme in importance over all government institutions.

In the united States, everyone has the personal obligation to support their local militia. Those who are able, have the duty to join the men and women bound by Oath to “defend the Constitution against all enemies, foreign and domestic.” They are the Minutemen who affirm their commitment to the security of a free state and are the only ones with the power to do so.

For numerous reasons (many covered in the video), politics has become a mechanism of division instead of a means to promote or maintain state and federal respect for individual rights. The Constitutional Militia should not be an instrument of division. Any militia intentionally organized on race, religion, politics, or as militia representatives participate in political persuasion at rallies, or protests – shall be seen as a civil threat and justly classified as an armed “extremist” group.

The Constitutional Militia is nonpartisan and correctly screens member candidates for such things as criminal behavior or extremism but is otherwise unconcerned with their race, religion or political preference. However, the militia's serious challenge with recruitment is to overcome the institution’s unmerited association with alleged militia ‘nuts’ and lingering red flag propaganda meant to discourage Militia membership.

Today the importance of the Militia is substantially greater because of the governments’ expeditious threat to the free state. The likelihood that the government call forth a Constitutional Militia to eliminate such threat is nil. They’re complacent with their State National Guard and the other standing armies that violate the mandatory two year expiration limit described in Section 8 of the Constitution.

In light of the government’s little regard for the Constitution, new recruits often ask why the Militia hasn’t activated for duty. Under state and federal law, it is not legally permitted for a Constitutional Militia to activate itself for duty; nor should it be. These laws are congruent with the checks and balances essential for the “separation of powers” between all the branches of government including this institution.

Regardless of the political climate, the Militia is constitutionally obligated to its discipline as a necessary pillar of freedom. The Governor may never activate the Militia for duty as required, but the Minutemen may subsequently be deputized by county Sheriffs via posse comitatus to defend the Constitution in their respective counties. The posse may serve proactively to guard children from school shootings, bring down local child sex trafficking, prevent county election fraud, stop violent criminal protests before they rage out of control, or defend the county from state and Federal overreach. Other trained members might serve their local community as Citizens prepared to defend their neighbors.

The Militia’s best approach is to recruit as many members as possible. Though all able-bodied residences is ideal, there’s a threshold where the mere size of the militia intimidates the power structure enough to discourage corruption and motivate government officials under the constitutional restraints agreed to with their Oath of Office. Governors must serve to support both the US Constitution and state Constitution as documents which restrain government power from obstructing its primary purpose to safeguard the individual rights defined by the free state. Only then may a Governor assume their intended role as Commander of the Constitutional Militia.

If not, The Declaration of Independence reminds us, Governments are instituted among Men, deriving their just powers from the consent of the governed, —That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

Whatever the case — should the free state be lost to the political corruption of a police state, responsible citizens shall face the propaganda for what it is, abandon political special interests for the Constitution, and take up arms for their commitment to the security of a free state.

With sizable membership, this decentralized defense force shall be a formidable adversary for any enemy, foreign or domestic. A well regulated Militia holds that, in a free state, individual rights are non-negotiable and asserts that the duties of a Minuteman shall always be limited to those consistent with a free state. This commitment sets the institution apart as the authentic homeland security.

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The Right to Form a Militia

We Need Independent Militias

That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
– George Mason (1776), father of United States Bill of Rights

. . . their swords, and every other terrible implement of the soldier, are the birth-right of an American.
– Tench Coxe

The founder who told Americans
we have a right to military weapons

By: Rob Natelson | Published on: Apr 30, 2019

Does the Constitution’s right to keep and bear arms apply to everyone? Or only to law enforcement and the National Guard? Does the right include so-called “assault weapons?”

A newly published document from America’s founding offers a clue.

When interpreting the Constitution, judges and scholars consider what people said about the document around the time it was adopted. Writings by the Constitution’s advocates explaining its meaning to the general public are particularly helpful, because Americans relied on those explanations in deciding to ratify the document.

The most famous writings of this kind were penned by Alexander Hamilton, James Madison, and John Jay and collected as “The Federalist.” But there were many others. Among the most important were newspaper op-eds produced by Tench Coxe.

Few people know of Coxe today, but during the founding era he was famous. He served in the Confederation Congress. After the Constitution was ratified he became our first assistant secretary of the treasury, working directly under Alexander Hamilton.

Public release of the proposed Constitution on Sept. 17, 1787 ignited a massive public debate. Opponents argued that if the instrument were ratified it would create an all-powerful central government. Coxe supported the Constitution — and like Hamilton, Madison, and Jay, he was frustrated by opponents’ misrepresentations.

Coxe wrote a series of op-eds to accurately explain the Constitution’s legal effect. His informal style was much easier to understand than the scholarly tone of The Federalist, and his articles became extremely popular.

Many of Coxe’s op-eds were republished long ago, but new ones sometimes surface. The editors of the Documentary History of the Ratification of the Constitution recently issued new volumes that include four productions by Coxe previously known to only a few dedicated scholars.

In a Pennsylvania Gazette article published February 20, 1788, Coxe addressed the right to keep and bear arms: “The power of the sword, [opponents] say ... is in the hands of Congress. My friends and countrymen, it is not so, for THE POWERS OF THE SWORD ARE IN THE HANDS OF THE YEOMANRY OF AMERICA FROM SIXTEEN TO SIXTY ... Who are the militia? are they not ourselves[?].”

Coxe added, “The unlimited power of the sword is not in the hands of either the federal or state governments, but where I trust in God it will ever remain, in the hands of the people.”

In other words, all able-bodied adult men have the right to keep and bear arms — not just law enforcement and the military. (Since ratification of the 14th Amendment, women also possess the right.)

Coxe also addressed the kinds of arms included: “Their swords, and every other terrible implement of the soldier, are the birth-right of an American.” In other words, the right to keep and bear includes military arms, not just hunting pieces. Rifles such as the AR-15 (misleadingly branded “assault weapons”) are protected — not despite the fact that they are military weapons, but precisely because they are military weapons!

Coxe’s view is hardly surprising to those of us who study the founders: The Revolutionary War had ended only five years before. If American citizens had not possessed military-style weapons, we would have lost.

Coxe wrote further, “Congress have no power to disarm the militia. What clause in the state or federal constitution hath given away that important right[?]”

This passage was composed well before the Second Amendment was proposed. Even then, Congress had no power to disarm the people. This was part of Coxe’s wider argument that federal powers were strictly limited. In other op-eds, Coxe listed many other matters outside the federal sphere and reserved exclusively to the states: education, social services, agriculture, most business regulation, and others.

Despite the fact that Americans relied on such representations when ratifying the Constitution, the federal government now asserts almost unlimited authority. Since politicians always seek to expand their power, that is understandable. Unfortunately, writers on the Constitution often pervert history and constitutional meaning to provide “cover” to the politicians. An example is the ludicrous claim — promoted by some leading law professors — that the Constitution’s Commerce Clause granted Congress vast power over our national life.

Tench Coxe’s writings provide a useful corrective. They are valuable reading for anyone who wants to understand what the Constitution actually says.

SOURCE:   Tenth Amendment Center  

The American Militia

. . . look to the past for guidelines about a free society's ideal defense, they must pass over the traditional militia system. Despite its appealing decentralist rhetoric and its close ties with the American Revolution, it was from the very core a coercive system, one clearly inimical to liberty. Instead, they should cast their eyes upon the volunteer militia of the Jacksonian period. Although maligned by military historians, forgotten by all others, and corrupted by post-Civil War statism, it is the one military precedent that most closely embodies libertarian precepts.
– Jeffrey Rogers Hummel

Militia Workshop

Militia Workshop with Edwin Vieira

United States Constitution

Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Bill of Rights

Article [I] Amendment 1 - Freedom of expression and religion
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article [II] Amendment 2 - Bearing Arms
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.

Article [III] Amendment 3 - Quartering Soldiers
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article [IV] Amendment 4 - Search and Seizure
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article [V] Amendment 5 - Rights of Persons
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article [VI] Amendment 6 - Rights of Accused in Criminal Prosecutions
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article [VII] Amendment 7 - Civil Trials
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article [VIII] Amendment 8 - Further Guarantees in Criminal Cases
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article [IX] Amendment 9 - Unenumerated Rights
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article [X] Amendment 10 - Reserved Powers
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

unorganized constitutional militia A well regulated Militia public domain: ucmilitia.us