How are Militias Created?
If you look in the Constitution, those entities (i.e. militia) are not created by the Constitution. No power is given to Congress to “create the militia.” Congress is given the power to:
✯ 1) Organize the Militia
✯ 2) Arm the Militia
✯ 3) Discipline the Militia
And that language suggests certainly that they/the militia are already there. There is no power to create them in the same way that Congress is given the power to “raise” armies or “provide” a navy. And the reason is because these entities known as the militia already did exist in 1787. They had existed in the colonies from the early days in the 1600’s.
- Militias were Created in the Colonial Period by Charters From the King of England
If you were to look at the charters given by the King (English Monarch) to his friends – because he sent his friends over (to what is now the U.S.) and gave them Charters to take over this or that colony and create their own colony. All these charters have some provision given to their “proprietors” (the king’s friends who were creating the colonies) the power to set up a military organization and to bring all of the inhabitants into this organization. And that was somewhat different than the English pattern, because the English pattern was based on nobility and non-nobility as they had a highly hierarchal society. But in the United States from the very beginning these structures were extraordinarily democratic in the sense that they brought everyone into them. Why?
Answer: They didn’t have enough people. They couldn’t afford to make distinctions between the “better class” and the “lesser class” because they were faced with hostile Indians, or the Spanish, and in particular the French or Pirates in the Carolinas. So they had to bring everyone in from the very beginning and that process followed on.
✯ What the Constitution is doing is recognizing their (i.e. Militia’s) existence and giving them particular responsibilities and authority within the total Federal Structure. Responsibilities above and beyond what they would have in the state, because within the state, their responsibility and authority is going to be whatever the State Constitution and laws gives to them.
- So Militia Institutions were already there, the Constitution simply recognized them. What does that tell us?
It tells us that it can’t be removed from the system now. The Constitution is recognizing these institutions as part of the total structure in the same way it recognizes Congress, in the same way it recognizes the Senate and the House, or the States themselves. And the only way to take these institutions out of the Constitutional structure is by amendment.
An amendment would simply amend them out of the general governmental level, it wouldn’t necessarily amend them out of the state level. You would have to have a particularly peculiar amendment to do that. So these are permanent parts of the total Constitutional structure.
Current Problem : We have a Federal Reserve system for which the Constitution doesn’t provide, in fact the Constitution provides for the exact opposite – we have that and it’s bringing the whole country down. And then we have the Militia Institution for which the Constitution provides for explicitly and gives these broad powers – and they don’t exist in the practical sense. So something is fundamentally wrong – cognitive dissonance…when the world that you see doesn’t comport with the way you think it should be, then you become psychotic. If you look at what’s happening in the country today, we are going into a “social psychosis”.
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