MILITIA: DEAD or ALIVE?

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Militia Dead or Alive

Honor, Duty, Sacrifice and Death in the Name of Freedom, the Militia stood ready to defend the life, property and freedom from all enemies, foreign or domestic.  Yet for more than a century, evil has worked to eliminate this beacon of liberty from our society...

In the early part of the 20th century, the individual responsibility of each American to his community was replaced by a paid, voluntary and unconstitutional abomination known as the National Guard.  A great falsehood was perpetrated, convincing the masses that this was just a restructuring of the militia into a more professional force, on par with the nation's regular troops.  The militia would now be armed and trained according to the same standards as the United States Army and returned back to their local community for its enhanced protection.

Yet, this was all smoke and mirrors.  Soon members of the National Guard were conscripted into the national force by dual enlistment, whereby the indoctrinated soldier would serve the federal will to police the world's affairs on foreign shores.  State Governors were denied their trained local defensive force, against their will, unable to stop the federal command over what they had been told was their new "organized" militia.

As we discovered later, the Dick Act was not an exercise of a power by Congress to organize and train the militia, but rather an act to raise a larger standing army of the United States, twice funded by the citizens through both State and Federal taxation.  This truth became clearly evident by the U.S. Supreme Court decision, which denied Governor Rudy Perpich of Minnesota from keeping his militia forces from serving in Central America in a challenge against the Montgomery Act, which failed and had placed a giant nail in the coffin of what had once been the State militias.  The court reminded the States, that they were permitted by additional Acts to raise their own defense forces, but they too could be subject to the same conscription into the national force, by an act of Congress.

While some States did create their own defense forces, most did not.  The forces of those States which did are however dwarfed in comparison to the larger National Guard presence.  The militia, as it had been known to be was finally dead, or was it?

Just about every State in the Union has relinquished its duty to train and arm the general public for militia service and have abandoned the idea of creating any sort of defense force comparable in training or arms with the National Guard.  Essentially, the militia was gone, at least in terms of a constitutional meaning regarding anything resembling "the militia of the several States."

Some constitutional scholars of today, such as Dr. Edwin Vieira, Jr. Ph.D, will tell you that statutes are needed in each of the States in order to restore the militia as it had originally been understood to have meant at the time the Constitution was ratified or the Second Amendment was adopted.  While that might be partially true, he further agrees that the term "militia", unlike the branches of our government were not defined at all by the Constitution, and that it only gave Congress specific control over portions of it which might be called into federal service.  He would also agree that the Dick Act was unconstitutional.  The great divide between his line of thinking and that of the American Militia Association is that he professes that the militia can only be a State institution, and therefore no group of citizens may in fact be considered militia without new State laws granting all the people of the state such authority.

We firmly and respectfully disagree.  While we do believe that the militia must be under the control of the people themselves, in terms of their own civil authority, we take an absolute position that militias are inherently local defense forces which derive not from State law but by both natural and common law at the lowest level of civil formations such as local political jurisdictions, which include incorporated towns, villages, boroughs, townships, parishes and counties.  Where we have a natural right to defend ourselves, and to ensure the execution of our laws, we too have the right to our militias.

As some scholars will argue, these could not be constitutional State militias.  While they boast grand academic credentials, they chose to seemingly overlook that the States are actually barred by Article I, Section Ten, Paragraph 3 of the Constitution from keeping troops in a time of peace, negating the concept that the militia could ever possibly belong to or be entirely under the control of a State.  In fact, the original understanding of the term militia is simply all of the people capable of bearing arms in defense of their community.  There is no natural limitation as to the size or extent of the community in question to be protected.  While a well regulated militia may be necessary to the security of a free State, it is undoubtedly just as necessary for the security of a free town or city.

This nation belongs to its people.  We are not the possession of a State or Nation, as we are not slaves which can be owned or controlled as property.  The Ninth and Tenth Amendments of the Constitution are too often ignored, where we have declared that the powers of both State and Federal government are limited to the authorities which were granted to them, and that which has not been so delegated remains our unabridged right which we are free to exercise.  This however does not support any common law authority of a private group over the affairs of an organized community.  Thus, private militia organizations which refuse or otherwise intend not to have their actions constrained by the laws of the society in which they reside could in fact result in their consideration as enemies of such communities.  An armed faction unsanctioned by the local community, who might place themselves above the law are essentially considered no different than armed gangs or domestic terrorists.

As today's patriots do the hard work of resurrecting the dead militia spirit across this nation, it is important that we come together on a righteous path which must be defined according to what is honestly just.  The American Militia Association was formed with this very purpose in mind.  It is not our will to discourage existing private groups from their efforts to train or organize.  We do however implore such groups to become highly active in their local political jurisdictions in order to achieve the necessary cooperation, funding and accepted authority concerning matters of local defense and law enforcement.  The militia should be capable of such great tasks.  Paid police forces are insufficient for the protection of liberty, especially as these forces increasingly resemble the national army and relinquish control almost completely to the State and Federal agencies.

There are many laws in which local political jurisdictions remain exempt, especially in terms of arms.  Where individuals and private organizations are subject to a plethora of unconstitutional laws regarding the types of arms which may be possessed, manufactured, bought or sold, it may be a surprise to many of you that local political jurisdictions are actually exempt from all such restrictions.  The proper restoration of the militia and the Republic therefore depends upon the willingness and effort of the people to organize and train locally as the State and Federal government have abandoned you, leaving you defenseless should it order its National Guard to serve abroad or its and other State or Federal "enforcement agencies" execute any tyrannical laws that are wholly rejected by you and your neighbors.

While it is next to impossible for a lone community to influence the affairs of the State or the Nation, each of you have significant influence on local matters, including the restoration of the militia in your area, the establishment of armories, the stockpiling of weapons capable for military conflict, and the sufficient regular training of your neighbors to enhance your readiness.

The militia shall rise from the ashes if we come together for this purpose.  It is our right and duty to defend our communities, and we must do so with the highest level of accepted, credible authority among our neighbors. Waiting for an act by your State legislature or forming your own private gangs are not an answer which will bring us anything resembling a greater sense of security against criminal thuggery, foreign invasion or enslavement by a despotic ruling class.

We ask that you consider this workable solution and join our effort to make incredible differences at least within your own community.  If we unite under such a cause, and expand this program nationwide our success would be boundless, our borders secure, our liberties in tact, and our leaders held accountable.

This blog post from an executive staff member is not to be contstrued as an official statement or act made by or on behalf of the American Militia Association and might not represent the views or opinions of the Association, its Directors, officers or employees.

Such posts and their comments are personal and not intended to represent the views of the organization.

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