“Wish List” For My Constitutional State Militia Statute

“A “top-down”, “one size fits all” proposal will always prove inadequate. The craftsmanlike approach must go beyond a “generic” statute couched in legal generalities, and instead must address the particular and peculiar “homeland security” needs and resources of each State individually. Those needs and resources must be ascertained at the Local level, because that is where the information, the interest, and the incentives for effective investigation, planning, and action are available.”

Constitutional “Homeland Security”, Volume I, The Nation in Arms, by Dr. Edwin Vieira, Jr., page 169.

Also see Militia: Permanent Constitutional Institutions • Militia: Not Private Associations • Militia: Not Part of the Regular Armed Forces of the Union or of the States • National Guard: Not a Militia • Militia: Immune From Contemporary “Gun Control”


“Wish List” for my Constitutional State Militia Statute

Revitalization of the Militia could provide everything that true “homeland security” demands. Indeed for reasons far beyond the supposed needs of the ostensible “war on terrorism”, revitalization of the Militia should have occurred many yesterdays ago. today, America cannot wait for to many tomorrows, because her options are rapidly running out. So, this job needs to be started immediately, if not sooner—and finished quickly, whatever the effort and whatever the cost.

Why then does this website not simply present a model statute and encourage Americans to promote it, State by State? Because it cannot be done and they will not do it.

A “top-down”, “one size fits all” proposal will always prove inadequate. The craftsmanlike approach must go beyond a “generic” statute couched in legal generalities, and instead must address the particular and peculiar “homeland security” needs and resources of each State individually. Those needs and resources must be ascertained at the Local level, because that is where the information, the interest, and the incentives for effective investigation, planning, and action are available. (footnote 1)

Moreover, a statute alone—no matter how well drafted—is not enough. Even more requisite are large numbers of patriotic citizens ready and willing not just to think and talk about such a statute, but also to take action to bring it into existence and to see to its enactment and implementation. There must be a collective and coordinated, not simply individually and haphazard, commitment of time, talent, effort, and money. Mobilization on this scale, though, requires an organizational principle, method, and goal. In particular,

• envisioning the idea of revitalizing “the Militia of the several States” on a State-byState, Locality-byLocality basis;

• arousing enthusiasm for the idea;

• establishing a means to focus that effort (here, through Citizen’s Homeland Security Associations (or CHSA);

• educating the CHSAs’ members and pooling their knowledge and experiences;

• investigating all aspects of Local “homeland security”;

• devising, planning, testing and defining the duties powers, structure, and functions of a revitalized Militia;

• drafting a State statute the suitability of which has been proven;

• encouraging State legislators to enact the statute;

• engaging in electoral activism to change the composition of the State’s legislature if positive results are not obtained from incumbents; and

• participating in the Militia pursuant to the statute as finally enacted. (footnote 2)

  • Drafting your State Militia Statute—things to consider.

    When you’re thinking about crafting a statute, someone in each State has to come up with a wish list of, “What specifics do we want to see in this State statute besides the general principles?” Because we’re selling something not as a theoretical exercise, but actually to provide us with security from the problems that we recognize as existing here. Then we also want to ask the question, “What resources do we have in this State that we can apply to this statutory structure and make part of the statutory structure?” Consider educational institutions as a “for instance” that will be brought in and made part of this structure. Certainly in terms of the training, one of the principles of the Militia was everyone was trained. Do you have the institutions to provide that kind of training— “specialized” kinds of training? If you do that should be in the statute. So these things have to be given consideration. Then when that “wish list” has been developed, you can focus on setting up some kind of State coordinating committee to bring this material together. You find some reasonably intelligent lawyer, and by then we will be providing “model statutes”, (i.e., “Here’s the way they should look in general”). And the reasonably intelligent lawyer in that state takes that model and applies this information that’s specific to that State and comes up with a proposal for revitalization of the Militia. This will most likely happen in a series of stages because if you try to jam down the throats of the average American a Militia statute that looked like one of the ones that existed in the 1750′s let’s say, they would balk and run in the opposite direction. They’re not ready for that yet, so the first statute will ease them into it, then the next stages will go a little bit further— as amendment of the first one, and a little bit further, and a little bit further. And maybe 3 or 4 stages will be required before you finally reach a structure of organization that looks similar to what they had in the pre constitutional period.

  • Exemptions — Many exemptions will be given due to our large population.

    We have so many more people now and so many more skills that you won’t have to call upon everyone actually to perform Militia functions. The statute will certainly say that everyone has a duty, because that’s the key, everyone has this duty – you have to keep that in your mind. But we can be fairly generous in exemptions and let a lot of people out because we simply don’t need that many bodies any more. And then of course there are some people we can’t let out – the trauma surgeons, for instance. If we know where these people are, we have to be able to mobilize them immediately, so they’re not going to have exemptions. You can see in between those two extremes. At some stage someone will have to come up with this specific statute, then what you hope you’ve done in the intermediate stages is to have cultivated some of those State legislators. You’ve brought them into these local associations and made them active participants. You want their help because not only will they sponsor this legislation (i.e., vote for it), but also these people will know how to get over and around the various procedural hurdles that are involved in shepparding any piece of legislation through. And you’re going to need that in the course of lobbying for the legislation when it’s put forward.

Footnotes:

1.) Constitutional “Homeland Security”, Volume I, The Nation in Arms, by Dr. Edwin Vieira, Jr., page 169.

2.) Id., at page 169-70.