State Law and State Legislatures
The Source of WE THE PEOPLE’S Legal Authority Properly Organized as “Militia”

Also see Militia: Permanent Constitutional Institutions • Misconstrued Role of Congress • Misconstrued Role of the Supreme Court • “General Government” vs. “Federal Government” • Militia: Not Part of the Regular Armed Forces of the Union or of the StatesNational Guard: Not a Militia

State Law and State Legislatures: Source of WE TE PEOPLE’S Legal Authority as “Militia”

No matter how patriotically motivated, well organized and equipped, and carefully trained they may be, private groups of individuals appealing to “common law” for their authority do not and can not constitute constitutional “Militia”. No private group of individuals ever has, ever can, or ever will gain legal authority in such way. The people must be organized pursuant to State statute, which is where they derive their legal authority as State government institutions that are component parts of “the Militia of the several States”. Only through revitalization of the Militia along strict constitutional lines can WE THE PEOPLE exercise

 

WE THE PEOPLE in order to gain legal authority as an institution of the State must look to our  own supreme Law—the Constitution, which recognizes our sovereignty, to be implemented and exercised through the Militia institution. This is a State law concern. WE THE PEOPLE have to get the result out of our State legislatures because that accomplishes three things:

  • 1) It gives WE THE PEOPLE legal authority
  • 2) It returns WE THE PEOPLE back to the actual constitutional structure, Militia are State institutions, not private institutions.
  • 3) It gives WE THE PEOPLE the element of Constitutional legal immunity from intervention by the General Government (what we today mistakenly call the “Federal Government”).

We are using the term “General Government” here in a loose sense because the type of intervention rogue government officials might attempt to do would be unconstitutional, so they really wouldn’t be acting as government—WE THE PEOPLE always have to remember that. Ultimately, WE THE PEOPLE end up with the three things listed above that one cannot possibly end up with by attempting to work it from the “bottom up” through private organizations.

  • Revitalization of the Militia is a Legal and practical ‘Homeland Security’ program.

    The basic principle from a practical point of view is that a revitalization of the Militia is really necessary to set up any kind of “homeland security” program that is both legal and secondly is going to operate in a practical way as the Constitution requires. And that’s the important point. Everyone seems to have missed this point, from Washington, D.C. to the mainstream media, to the so-called Second Amendment “champions”. What does the Constitution require? What does it say is the one thing that is “necessary to the security of a free State”? “A well regulated Militia.” Somehow that just disappeared. Nobody talks about that, yet. It’s a command of Constitutional Law. It’s a declaration of Constitutional Law that you have to accept if your living in this system.

  • A ‘homeland security’ structure based on the Militia comports exactly with the Constitution.

    A “homeland security” structure based on the Militia comports exactly with the Constitution. Why? Because the Constitution assigns those three powers to the Militia:

    • 1) “execute the Laws of the Union”
    • 2) “suppress Insurrections” and
    • 3) “repel Invasions” (footnote 1)

    There we have constitutional “homeland security”—”a well regulated Militia” based upon “the right of the people to keep and bear Arms”, which is “necessary to the security of a free State” (footnote 2) If you do those three things consistently and completely, you’e going to have a very secure society. And the Constitution assigns those responsibilities only to the Militia. No where else in the Constitution does it even speak in those terms, but it certainly does not assign those three fundamental security responsibilities to anyone else, other than indirectly, to the President because he’s given the duty to “take Care that the Laws be faithfully executed”, (footnote 3) but who is he with respect to the Militia? He’s the “Commander in Chief” of the Militia when they are called into the “actual Service of the United States”. (footnote 4) It all ties together. Certainly we do not want the army to be “executing the Laws of the Union.” Maybe the army might be useful in “repelling invasions” and “suppressing insurrections” if the Militia were insufficient. But we certainly don’t want the army or any form of “standing army” ever to be engaged in executing the laws of this country.

    Why? Because that’s the road to a military garrison state, that’s the road to the Praetorians. Once that door has been opened, in history it’s never been closed by any other society. Once the army decides that South American “Junta Politics” is the game to play, they continue to play forever until that society breaks down. So we don’t want them in that position; and the Founding Fathers clearly didn’t want them in that position or they wouldn’t have given the House of Representatives the ability to squelch an army every 2 years. (footnote 5)  And that is the direction America is headed when we look at the vague police powers that non-constitutional agencies like the “FBI”, the “Department of Homeland Security”, “FEMA” and so forth have been given by Congress.

    Footnotes:

    1.) U.S. const. art. I, § 8, cl. 15.

    1.) U.S. const. amend II.

    3.) U.S. const. art. II, § 3.

    4.) U.S. const. art. II, § 2, cl. 1.

    5.) U.S. const. art. I, § 8, cl. 12.

  • The Militia promotes Federalism.

    It is imperative for Americans to understand the concept of federalism. The Constitution is built on different layers of authority, and the further up you go, in principle, the less authority there is. The most authority is supposed to be at the local and State level and then the general government is supposed to handle only those areas of common concern. And fundamentally of common concern in the sense that you can’t let any of the States handle such matters separately because you potentially have someone being a judge in his own case, as the States are self-interested entities. Or, dealing with foreign countries. You can’t have the States, obviously, individually or in groups having foreign policies of their own. And the Constitution makes that very very clear in Article I, Section 10, Clauses 1 and 3— take a look at the prohibition on the States, in that realm. So the general government has a specific role to play, the States have a specific role to play, and of course the people have a specific role to play. And that’s the federal structure. That word is another one that’s been corrupted—when we talk about the “federal government”, what do you think of? You think of those people in Washington, D.C. Wrong. The Federal Government is the whole structure. It’s all of it, not just the one’s in Washington, D.C. The Founding Fathers didn’t call the apparatus in Washington, D.C. the “federal government.” They had a party called the “Federalists”, because you were in favor of this particular structure. As opposed to the “States Rights” people, who were in favor of something a lot looser. At the time of our founding there was no “District of Columbia”, the Founders were meeting in Philadelphia and that entity was never referred to as the “federal government”, they called it the “general government.” It was the government that oversaw the total picture. So if we go back to revitalization of the Militia, it will promote federalism, because what will happen? We’re going to organize the security of the entire United States from the bottom up. It’s going to be based on mobilization of citizens within each State and will be exactly the opposite, obviously, of what they set up now, the “top down” model, the centralized model.

  • Revitalizing the Militia removes any excuse for para-militarization of local and State police forces.

    In all of the States this is something that everybody recognizes is happening all the way down to the smallest little town police force, they’re getting money from “FEMA” or “Homeland Security” or somebody. And they’re getting training. And with that training come strings and ideological control essentially, the tentacles of “homeland security” reaching down into every little police department. And their excuse for this is, “We have this huge problem, the war on terror, and we have to organize them this way.”

    Why? Because there’s no alternative, right? Organizing the Militia on the proper constitutional basis removes that excuse. WE THE PEOPLE, organized under constitutional “homeland security” can assert, “We don’t need you. Take your money and go somewhere else. Take your strings and go somewhere else. Take your ninja outfits and go somewhere else. We don’t need you”. And what that means is that we thwart the development of a national police state. Because whether they are doing this intentionally or not, they are setting up the structure. And we know the way bureaucrats think, they always think from the “top down” and they always think in terms of controls and guidelines. And if 100 pages isn’t enough in the guidelines, they write 300 pages. And if anything goes wrong they write another 600 pages. That’s the way they operate, that’s the bureaucratic mindset. And it’s leading to all sort of controls—expanding and expanding and expanding because that’s the way bureaucrats think. Or you could think of them as really vicious individuals who intend to set up a “Stalinist” police state. What difference does it make which it is really? You’re going to get it one way or the other if you leave them in control. By creating a Militia Structure in each State, you remove the excuse for the continuation of the development of this para-militarized police state. And another important point; where are all these local and state police going to go when the Militia are revitalized? They disappear? No. They become subsets of the Militia, which is where they are supposed to be. But now they are not elitist groups that think of themselves as separate from, independent of and superior to the people in their community. Why? Because they will be subject to Militia control.

If we take the “homeland security” situation and base it on the constitutionally correct structure, the Militia, we’re going to be able to mobilize tens of millions of people for all sorts of “homeland security” purposes. A Militia unit could be made up entirely of Quakers, who are pacifists. There could be all sorts of Militia units performing vital functions that would never have to see a firearm. We would want to train everyone in firearm safety because there will be a lot of firearms in circulation—they already are in this country. There are so many aspects today that people in Colonial period didn’t have, there are a lot of skills they didn’t have, there’s a lot of technology they didn’t have. If they had had it, they would have done it, but they didn’t have it—we have it. So we can organize huge numbers of people with many types of skills that never existed before. Far in excess of any police or emergency response forces that could possibly be raised or funded in the pattern they’re using now—these professional, elitist type forces. Simply because we have more people. Very easy. And one would think that a lot of these local police forces would be very happy that all of a sudden a process like this takes place.