State Militia Of We The People

March 12, 2014, by Ken Jorgustin

state-militia-of-we-the-people

“What’s happening here is we’re building a domestic military, because its unlawful or unconstitutional to use American troops on American soil.”

Submitted by: “Cal”

Regarding the 13,000 MRAPs being distributed to and by DHS, those should LAWFULLY be going instead to each state for their Militias. That’s 260 MRAP’s for each state’s militia to train on and to use when necessary to defend the state, the country.

We need to call EVERYONE in congress (senate and congress) and tell them we are pushing for their arrest and prosecution for Misappropriation of Funds, a felony. That they have broken the contract and oath they are under.

Congress has committed a felony that they are PERSONALLY responsible for:
Misappropriation of Funds.

A “domestic military”, any “standing army” is unlawful here in the USA.


 
2nd Amendment (emphasis added): “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 people and the Militia existed here in the USA before the states were created. The states created the US Constitution which created, defined, and gave LIMITED powers to this central government – the federal government – whose duties were to handle mostly foreign affairs and to see that the states traded fairly with each other.

 

 
Constitution of the United States of America:

US Constitution, Article I, Section. 8, Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”.

The congress has the duty to grant Letters of Marque and Reprisal when they are needed to enforce the US Constitution, the laws, or defend the people and the nation. This is using private citizens in their own privately owned crafts to defend the USA and her people, this is using the Militia of the several states.

 

 
Clause 12 specifies that there shall be no military beyond that of two years. The Militia of each state is charged with our nations defense here within the USA until and unless the congress has declared war and a “standing” military is raised:

“To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years”.

The money that the congress has illegally spent beyond the lawfully allowed time of two years for the support of a “standing military” was/and still is a misappropriation of funds (misappropriation n. the intentional, illegal use of the property or funds of another person for one’s own use or other unauthorized purpose, particularly by a public official).

There can lawfully be no (NO!) standing army except in times of war, and ONLY the congress can lawfully declare war under the contract they get their duties and powers from.

War must be declared by congress in order to be a lawful war that our US military are used to fight in, it must be in defense of our nation ONLY which is why so many lies were used as excuses to get us into wars. Since they were not, and are not, lawfully declared wars, ALL who died on all sides make that mass murder, etc that those who serve within our government had a hand in and MUST be fully prosecuted for.

War cannot lawfully be “declared” against a tactic such as the “war against terror” or the “war against drugs”; both are not wars and not even the congress can declare a war against a tactic.

War defined: ‘Open and declared conflict between the armed forces of two or more states or nations’.

–> This is the “domestic military”, it is “We the People” if they will get off their backsides and go train as they are REQUIRED to do.

 

 
Clause 15 requires of the congress: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions”.

This clause is very straightforward also. The militia of each state is taxed with the defense of the USA and her people, not just with the defense of their state; and they are to be armed with weapons that can repel any invasions bearing modern weapons of war. Congress is required to provide those military grade weapons for the militias.

 

 
Clause 16: “To provide for organizing, ARMING, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”.

Who are the Militia? All able-bodied citizens or those legally allowed to be here between the ages of 18 – 60.

Each state’s Militia is made up of “We the People”. The Militia has as its constitutionally assigned duties to:

Enforce the US Constitution and each state’s Constitution,
Enforce and keep the “Laws of the Union” (which is constitutional laws ONLY),
Protect the country against all enemies both domestic and foreign, and
“to suppress Insurrections and repel Invasions”.

The US Constitution guarantees to each state its own “Republican form of government”. It is every state’s Militia that is the ONLY Constitutionally assigned force to “counter Invasions” and “Domestic Violence” within our nation.

The forefathers wouldn’t put the militia under federal control as there was always a chance that those in office would turn traitorous against the people. They already had learned, and history taught – then and now, that people in places of power could not be trusted. So they broke it up; the people ARE the militia and would keep the best interests of the people themselves at the forefront of all decisions made. Then they assigned the duty of organizing, arming, and disciplining each state’s militia to the federal congress; and to each state the appointment of their Militia’s officers and their training; all under Article I, Section. 8, Clause 16.

The Militia of the several states offers everyone the greatest degree of equality with each other;
Because EVERY able-bodied person from the age of 18 – 60 is the militia of each state.
They, when trained, have the governmental powers to operate in every county, city, state, and throughout America when needed.
Plus through uniformity; the Militia requires the same general duty of service from everyone – though not all will have the same tasks as they can perform different tasks according to their abilities.

This is why the Militia offers the best protection against rogue politicians and usurpation’s for those serving within the governments, “We the people” protect our own natural rights and hold accountable those we put into positions of power by enforcing the US Constitution and each state’s constitution. When everyone takes a part in guarding the security of the neighborhood, county, city, state that they live in; plus the country when needed, it basically stops or makes it very difficult for a small body of people to take over this nation. (Edward Vieira, Junior “Constitutional Homeland Security” Volume 1, the Nation in Arms”.)

 

 
The Second Amendment was, and IS, to preserve and guarantee the pre-existing right of individuals to keep and bear arms, it does not grant them.

 

 
Richard Henry Lee, May, 1788: “A militia, when properly formed, are in fact the people themselves …”

George Mason, Co-author of the Second Amendment during Virginia’s Convention to Ratify the Constitution, 1788: “I ask, Sir, what is the militia? It is the whole people except for a few public officials. To disarm the people is the best and most effectual way to enslave them.”

St. George Tucker, a lawyer, Revolutionary War militia officer, legal scholar, and later a U.S. District Court Judge, wrote of the Second Amendment:
“The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government.” (The Supreme Court has cited Tucker in over forty cases, in the major cases of virtually every Supreme Court era.)

Thomas Cooley: “The right is general. It may be supposed from the phraseology of this provision that the right to keep and bear arms was only guaranteed to the militia; but this would be an interpretation not warranted by the intent. The militia, as has been explained elsewhere, consists of those persons who, under the law, are liable to the performance of military duty, and are officered and enrolled for service when called upon. . . . If the right were limited to those enrolled, the purpose of the guarantee might be defeated altogether by the action or the neglect to act of the government it was meant to hold in check. The meaning of the provision undoubtedly is, that the people, from whom the militia must be taken, shall have the right to keep and bear arms, and they need no permission or regulation of law for that purpose”.

Samuel Adams: “Under every government the last resort of the people, is an appeal to the sword; whether to defend themselves against the open attacks of a foreign enemy, or to check the insidious encroachments of domestic foes. Whenever a people … entrust the defence of their country to a regular, standing army, composed of mercenaries, the power of that country will remain under the direction of the most wealthy citizens.
And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless necessary for the defense of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of grievances; or to subject the people to unreasonable searches and seizures of their persons, papers or possessions”.

William Rawle, whose work was adopted as a constitutional law textbook at West Point and other institutions, and was United States Attorney for Pennsylvania, describes the scope of the Second Amendment’s right to keep and bear arms:
“The prohibition is general. No clause in the constitution could by any rule of construction be conceived to give congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.”

Justice Story, Associate Justice, Supreme Court wrote: The next amendment is: “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 importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them”.

Tench Coxe: “Who are the militia? are they not ourselves. Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American…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.”

Tench Coxe, on the Second Amendment where he asserts that it’s the people with arms, who serve as the ultimate check on government: “As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow-citizens, the people are confirmed by the next article in their right to keep and bear their private arms”.

Alexander Hamilton, Federalist 29: “What plan for the regulation of the militia may be pursued by the national government is impossible to be foreseen… Little more can reasonably be aimed at with the respect to the people at large than to have them properly armed and equipped; and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year.

James Madison, Federalist 46 wrote: “Besides the advantage of being armed, which the Americans possess over the people of almost every other nation…”

Hamilton said there exists a right of self-defense against a tyrannical government, and it includes the people with their own arms, Federalist 28:

“If the representatives of the people betray their constituents, there is then no recourse left but in the exertion of that original right of self-defense which is paramount to all positive forms of government… if the persons intrusted with supreme power become usurpers… The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair…
The people, without exaggeration, may be said to be entirely the masters of their own fate… If their rights are invaded… How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized! (being armed)“

Samuel Adams: “It is always dangerous to the liberties of the people to have an army stationed among them, over which they have no control … The Militia is composed of free Citizens. There is therefore no danger of their making use of their Power to the destruction of their own Rights, or suffering others to invade them.”

George Mason: “When the resolution of enslaving America was formed in Great Britain, the British Parliament was advised by an artful man, who was governor of Pennsylvania, to disarm the people; that it was the best and most effectual way to enslave them; but that they should not do it openly, but weaken them, and let them sink gradually, by totally disusing and neglecting the militia.” and

“That the people have a Right to mass and to bear arms; that a well regulated militia composed of the Body of the people, trained to arms, is the proper natural and safe defense of a free State.”

James Madison: “… large and permanent military establishments … are forbidden by the principles of free government, and against the necessity of which the militia were meant to be a constitutional bulwark.”

The New Hampshire ratifiers called for a guarantee (the Second Amendment) that: “Congress shall never disarm any Citizen…”.

The Pennsylvania minority at its ratifying convention demanded a guarantee of a very broad right to arms, that: “the people have a right to bear arms for the defence of themselves and their own State or the United States, or for the purpose of killing game.”

Joel Barlow, Revolutionary War veteran, wrote “Advice to the Privileged Orders, in the Several States of Europe”, clergyman, theologian, popular poet, successful diplomat, and American whose political writings were debated on the floor of Parliament said of the US Constitution:
“… not only permitting every man to arm, but obliging him to arm.”

Patrick Henry: “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government.”

Black’s Law Dictionary, 3rd Edition, Militia: The body of citizens in a state, enrolled for discipline as a military force, but not engaged in actual service except in emergencies, as distinguished from regular troops or a standing army.

Cockrum v. State: “The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the high powers delegated directly to the citizen, and is excepted out of the general powers of government. A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power.”