Congress! Arm The Militias Of Each State, Now!
A bit of verification as to why the document which created it requires the Congress to maintain the Constitutional Militia in each of the several sovereign States.
The Preamble to the Bill of Rights makes it very clear that the US Constitution sets limits on those who serve within the federal government: “… a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added…”
Each branch was assigned specific duties, and are to this day lawfully required to carry out those specific and respective duties. Those serving in the three branches are NOT allowed to use the assigned duties/powers of another branch. Limits were defined and placed upon those who serve within the federal government by listing exactly what they are allowed to do. Anything else is prohibited to them.
To bind them down while in public office, each of them is required in Article 6 to take the Oath to the Constitution. A solemn vow before God, the Oath is sworn [or affirmed] to the Constitution as written. It is, as President John Adams said, “a sacred obligation”; and it was written into the Constitution for one specific reason – to bind public servants down from the tempting mischief inherent in government’s granted power. Our nation’s founders designed the infrastructure of governance to protect the “unalienable rights” of “We, The People”.
Constitution of the United States of America, Article I, Section. 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
We would focus on their assigned duties found in the US Constitution, Article I, Section. 8, starting with Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”. [Emphasis added] Because the congress has the duty to grant Letters of Marque and Reprisal – which is using private citizens in their own privately owned crafts to defend the USA and her people.
Clause 12: “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 allotted time of two years of supporting a “standing military” must be returned to the people. It was/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, a trustee of a trust, an executor or administrator of a dead person’s estate, or by any person with a responsibility to care for and protect another’s assets (a fiduciary duty). It is a felony (a crime punishable by a prison sentence.) See: http://legal-dictionary.thefreedictionary.com/misappropriation.
“To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years” is really straightforward, and no misunderstanding of the words can be used as an excuse for disobeying that duty. No standing army except in times of war, and ONLY the congress can declare *war. War must be declared by congress to be a lawful war the US military are used to fight in. 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’.) See: http://legal-dictionary.thefreedictionary.com/war. Clause 12 was put in as a duty of congress because, as James Madison, the Father of the US Constitution warned: “No nation could preserve its freedom in the midst of continual warfare”.
“What, Sir, is the use of a militia? It is to PREVENT THE ESTABLISMENT OF A STANDING ARMY, the bane of liberty….” Rep. Elbridge Gerry of Massachusetts, floor debate over the Second Amendment, I Annals of Congress. [Emphasis added]
With those clarifying words from Rep. Gerry of Massachusetts, we move on to Clause 15 which requires 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 also makes clear that the ARMING OF THE MILITIA OF EACH STATE is a duty the congress is REQUIRED to carry out: “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”. [Emphasis added]
The US Congress is under the obligation by the supreme law of this land to arm each state’s militia with the type of arms that will “repel invasions”- the same arms as the modern military uses. Each state has the duty to train the militia in the proper use of those arms.
The question arises often – “Are you saying that the State Militia should have jet fighter-bombers?” I personally believe that it goes with each State’s militia since the Airforce had its beginnings in the Army as the Army Aircorp. But planes, missiles, drones, etcl, all are what the militia needs and must be trained in, everything and anything that an attacking force might use! If they might be used against us here in the USA by enemies foreign or domestic, then it is exactly what each state’s militia must be supplied with by the congress; and trained in the use of by each state.
Training the militia within each state would be great jobs for veterans, Oath Keepers familiar with the weapons, etc.
Some ideas on an addition to the weapons training is that the US Constitution and its true meaning must be taught, not just weapon usage. American values would also help such as individual responsibility, plus the penalties for following or giving unlawful orders. Also teach when the feds are supreme (carrying out their constitutionally assigned duties in a constitutional manner), and when the states are supreme (every time except when the feds are carrying out their constitutionally assigned duties in a constitutional manner that conflict with the states).
As Madison, the Father of the US Constitution said in Federalist No. 51, at 323: “In the compound republic of America, the power surrendered by the people is first divided between two distinct governments (referring to the states and the federal government), and then the portion allotted to each subdivided among distinct and separate departments (executive, legislative, and judicial – within both the state and federal). Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself”.
When your state governor, and /or the rest of the three branches of the state government does not carry out the duties as they are required to by the US Constitution and the State’s constitution, both being backed by a solemn oath – remove them as no longer meeting the LAWFUL requirements of the position they are occupying. They have broken the contract that let them occupy the position they are in. Replace them with someone who will carry out the legitimate governmental duties. Prosecute those who deserve it. If it takes a constitutional Sheriff to do this task because of resistance to giving up the position, then so be it. If that sheriff needs to use the (trained) militia to carry out an arrest – it is the Sheriff’s right and a rightful aspect of his duty.
It is past time to hold congress to its assigned duties – they must arm every state’s militia starting now.
Written by TS Cal Henson.
Very well written Sir,,,,,,, But I fear mistaken and misinterpreted in several levels. No !) The terminology referred too here (The Militia) refers to an ORGANIZED Militia. That reference belongs exclusively to what we now know as our States National Guard. It does NOT refer to an UN-organized Militia. Which is who the rest of us are. Now with that having been said, there is also no restrictions or limitations on any local Sheriff or on any State Governor from authorizing and even funding any local or state Militia groups. The only limitation becomes that any such groups remain classified as UN-organized, and in such avoid being “Called up to duty” as a part of the National Guard by the federal government. The Federal Government can not call the UN-organized Militia into service as part of the National Guard or as part of the Military. What you are suggesting in your article here is that Congress should call-up and fund the National Guard of the individual states and fund such as may be required. That’s already been done.
But your article does introduce an interesting point,, that being that each States Governor could authorize the creation and existence (and legality) of an UN-organized Militia complete with various local county groups. The only (understood) limitations to which would be that each states ‘UN-organized’ Militia must remain separate from all the other state militia groups. In other words, we must not form a ‘national’ unorganized militia. (Note that does not in any way prevent us from engaging in our freedom of speech and participating in this forum or any others.)
Written by RP McKinley.