|
|
T H E M I L I T I A
The Authentic Homeland Security
True, the Constitution never employs the exact term “homeland security”. This, however, is hardly consequential.
For the Constitution does set out as one of its goals “to provide for the common defense”. So “the common defense” can obviously subsume
“homeland security”. Even more to the point, though, the Second Amendment highlights WE THE PEOPLE’S concern for “security”,
by commanding that,1…
|
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.
|
Most find the importance of the Second Amendment at the end, “the right of the people
to keep and bear Arms, shall not be infringed,” but what’s often overlooked and equally important is the beginning.
Unlike the State National Guard2, “A well regulated Militia
” refers to “the Militia of the several States” and each are clarified today as an unorganized Constitutional Militia. In US Code
Title 10, these militia are designated as “unorganized” since they must remain unfunded and unorganized by special interests.
This constitutionally mandated institution is delineated in the Bill of Rights as, “being
necessary to the security of a free state,” and thus, integrated into each State Constitution. These constitutions specify that the
Militia consist of all able-bodied residents between certain ages, generally from age eighteen to sixty years. That duty is not imposed by government
but by the People to secure the Blessings of Liberty to ourselves and our Posterity.3
The Militia of each state is self-assembled and organized from the bottom up by the People4
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.5
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, politics has become a mechanism of division instead of a means to promote or maintain
state and federal respect for the Constitution and individual rights. The Militia is never 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 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 any Governor call forth the Militia to eliminate such threat is nil. They are
complacent with their State National Guard and the other standing armies that violate the mandatory two year expiration limit6
described in the Constitution.
The Sword and Sovereignty: The militia reigns supreme in importance over all government institutions.
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 the 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. A Governor may never activate the Militia for duty even when required, but various Minutemen7 may
subsequently be deputized by county Sheriffs8 via posse commitatus 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 to defend their neighbors during times of unrest.
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 first 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 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.”
Such words often invoke thoughts of civil war or violent revolution; but restoration is a peaceful decentralized process
when supported by a well regulated Militia. Although many states lack the essential manpower and quality of training necessary to support restoration, it is likely
that as more awaken to the unbelievable corruption, more will abandon political special interests to assemble and join the constitutional ranks of those commitment
to the security of a free state.
With sizable membership, this decentralized defense force shall be a formidable adversary to 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.
—— • ——
|
1 Quote by Edwin ViEira, Study Guide*, The Declaration of Independence and the Constitution are the true sources of
America’s “homeland security”, Intro, p.13
2 “[T]he Militia of the several States” must always be strictly differentiated from the regular “Army and Navy of
the United States” and from the “Troops, or Ships of War” that the States may “keep in time of Peace” “with the Consent of
Congress”, Study Guide*, Principles of “the Militia of the several States”, c.27, p.758
3 U.S. Const. preamble
4 Because the ultimate goal of “homeland security” must be WE THE PEOPLE’S own political freedom and economic well-being,
and because that goal can be attained only by THE PEOPLE’S own participation where THE PEOPLE actually reside in Local communities, “the Militia of the
several States” must be organized and controlled “from the bottom up”, not “from the top down”, Study Guide*, Principles
of “the Militia of the several States”, c.27, p.758
5 Congress, the States, and in default thereof WE THE PEOPLE themselves must ensure that each and every one of “the Militia
of the several States” is fully organized, armed, disciplined, and trained at all times, Study Guide*, Principles of “the Militia of the several
States”, c.27, p.758
6 U.S. Const. art. I, Sec. 8, cl. 12.
7 Volunteer basis only. “Sheriffs enjoy no unique, supreme authority within their jurisdictions which would somehow entitle
them either to assert direct control over whatever Militia units were already settled there, or indirectly to supersede and absorb the Militia entirely under their
command by calling forth in the posse commitatus every adult eligible for the Militia”, Study Guide*, Principles of “the Militia of the several
States”, 2. Not subordinate to Sheriffs., c.4, p.113
8 CSPOA, Constitutional Sheriffs & Peace Officers Association — https://cspoa.org/
*Study Guide: CONSTITUTIONAL “HOMELAND SECURITY”, Volume Two, THE CONSTITUTIONAL PRINCIPLES OF “THE MILITIA OF THE SEVERAL STATES”
by Edwin ViEira, Jr.
Edwin Vieira, Jr., holds four degrees from Harvard: A.B. (Harvard College), A.M. and Ph.D. (Harvard Graduate School of Arts and Sciences),
and J.D. (Harvard Law School). For some thirty-nine years he has been a practicing attorney, specializing in constitutional law. In the Supreme Court
of the United States he successfully argued or briefed cases leading to the landmark decisions.
He has written numerous monographs and articles in scholarly journals, and lectured throughout the county. His latest scholarly works are Pieces of Eight: The
Monetary Powers and Disabilities of the United States Constitution (GoldMoney Foundation Special Edition [2011] of the Second Revised Edition, 2002), a study
of American monetary law and history viewed from a constitutional perspective; How To Dethrone the Imperial Judiciary (2004), an analysis of the problems caused
by “judicial supremacy” and how to deal with them; and Constitutional “Homeland Security”, Volume One, The Nation in Arms (2007), the first book in the series
aimed at revitalizing “the Militia of the several States”.
|
|
|
|
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
|
|
|
|
. . . 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 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.
|
|
|
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
|
|
|
