About the Constitutional Militia

Once the "individual right only" theory of the Second Amendment became en vogue, "gun control" was born and has been gaining ground ever since.

By Constitutional Militia

Last Updated on January 15, 2023 by Constitutional Militia

Constitutional Militia

Americans have fallen into a dangerous fallacy in the contemporary “individual right only” misinterpretation of the Second Amendment. The Supreme Court’s Heller decision reduced Americans “right of the people to keep and bear Arms” to a level far below what their forebears enjoyed when the Constitution and Bill of Rights were ratified. A revitalized “Militia of the several States” could, should and if they were properly revitalized would deal with many of the most pressing contemporary problems this country faces—such as the correction of rogue public officials, the supervision of the the military-industrial complex, the conduct of honest elections, and the provision of an alternative currency, to name a few.

The Constitution requires the organization of the vast amount of people in this country in State institutions—the “Militia”—collectively referred to in the Constitution as “the Militia of the several States” in Article II, Section 2, Clause 1. The ultimate purpose being, in the extreme case, to enforce the principles of the Declaration of Independence. And in all ordinary cases to oversee and enforce the principles of the United States Constitution with legal authority. The Constitution assigns 3 fundamental security responsibilities to the Militia, for WE THE PEOPLE to provide themselves with “the security of a free State”, as the Second Amendment refers to it, by exercising their constitutional legal authority. So it’s different than people organizing themselves as a pressure group and lobbying their legislature. They have a perfect legal right to do that, but they do not have, nor can they gain, any specific legal authority in that process. Private groups calling themselves “militia” are not constitutional Militia because they are not formed under State statute and therefore have no legal authority. WE THE PEOPLE, by performing our Militia service are supposed to be functioning in a police capacity, in the broadest sense of “police”, to provide ourselves with security from any threats, the worse being rogue government officials who violate constitutional principles under color of law. If government officials did not commit criminal acts against THE PEOPLE there would be no need for the statutes that address them.[1] The Constitution itself recognizes that government officials at the highest levels may engage in behavior that constitutes “treason”.[2] Additionally, “the “security of a free State” to which the Second Amendment refers, would also include “economic security”— such as reinstituting a stable constitutional currency as the Founders outlined in the Constitution that prevents government theft, forced loans upon WE THE PEOPLE, and monetization of debt through the emission of what the Constitution calls “bills of credit”[3], which was a term of art for paper money.

Reasoning Skills and Self-Government

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The term “Militia” in today’s culture has a negative connotation even amongst self-styled “patriots” and “constitutionalists”. The very mention of the Militia is often rejected within the “liberty” movement itself in direct defiance of the absolute position of the Militia as constitutionally “necessary”—not merely “optional” or “a good idea”. Ignorance to the Militia gains an invaluable prop on both sides of the individual “gun rights” debate who disregard if not openly defy the constitutional declaration that “a well regulated Militia” is “necessary to the security of a free State”.[1] The Second Amendment is a warning: No “free State” can long survive as such without “[a] well regulated Militia”. Then consider that no proper Militia of the constitutional pattern have existed in any State in the Union for over 100 years. As you study the historical and legal information on this website, you will learn that “the Militia of the several States” is not merely quaint story-telling about men attired in knee-britches and three-cornered hats. “A well regulated Militia” is what every Colonial and State statute mandated for 150 years, existing at all times, in war and peace, prior to ratification of the Constitution. As a constitutional institution, “the Militia of the several States” are a governmental institution and had been such as a matter of fact and law long before the Constitution was a thought in anyone’s mind. The Constitution was not creating any “well regulated Militia” it was recognizing them as preëxisting and made them permanent parts of the Federal system. The Second Amendment reinforced the Militia as “necessary”. WE THE PEOPLE have left “the security of a free State” (Second Amendment) in the hands of the Political Class and as a result the Republic and our “free State” continues to atrophy. A properly revitalized Militia today would enable Americans to reassert their legal authority by exercising “the power of the purse” and the “power of the sword” every day of the year. Revitalization of “the Militia of the several States” is a task WE THE PEOPLE must take seriously as the erection of a paramilitary police state continues at breakneck speed, coupled with the inherent instability of a collapsing Federal Reserve System.

Footnotes:

1.) U.S. Const. amend. II.

The Constitution provides a fundamentally important mechanism for people to be participating in the governmental system with a very special kind of legal authority that is not every 2, 4 or 6 years when the elections roll around, but on a daily basis actually performing some fundamental tasks as the Second Amendment says for the provision of “security”— “the security of a free State.” And yet we don’t have it. Congress has seen fit to put everyone outside of the National Guard, which is not a Militia, in this category called the “unorganized militia”. Congress has essentially excised this whole part of the system (i.e., “the Militia of the several States”), they simply removed it. So Congress has removed the part that connects us back to the Declaration of Independence—the right and the duty of the people to defend themselves against oppression, tyranny and usurpation, because we are totally unorganized for that purpose. So Congress has made this a practical impossibility. And given that the Declaration of Independence speaks in terms not only of “right” but of “duty.” It would strike one as a rather fabulous dereliction of duty on the part of Congress and the States that have taken this action, which we assume they did totally out of ignorance. But we’re looking at another practical aspect of this, which is the people being organized. We have a Militia Structure, and the first principle is everyone is a member. And the third principle is that everyone to some extent or another is trained and organized in a systematic fashion. So clearly one of those aspects would be vigilance over the political system.

The inherent instability of our monetary and banking system has become obvious to Americans. The inevitable collapse of all paper money “created” by governments throughout history is well documented. Our government is looking toward a “top down” police state, rather than fixing the problem— if our temporary politicians even know how to fix it, given that they are the one’s who have lead us here. We are on the path to 1923 Weimar Germany unless WE THE PEOPLE choose a different path. The Constitution requires the people to have control over the money supply, which we do not have and are not organized to do.

Given the magnitude of a monetary and banking system collapse, does our constitutional system have a defense to this crisis? We have two legal documents to refer to for the answers: The Declaration of Independence and The United States Constitution. There is a stable Alternative Constitutional Currency option that enables Americans to walk away from the Federal Reserve System as it continues to depreciate and collapse while Congress continues to print more money, accelerating the inevitable. There has been an outcry from Americans for change and they know it will not come from Congress who has chosen to classify WE THE PEOPLE as the “unorganized militia”.

If all the people in the private economy, the ones Congress has categorized as the “unorganized militia” become part of the group “Militia” under a State statute transitioning from a Citizens’ Homeland Security Association, now all of those people have become part of the State government. This is the way it is supposed to be constitutionally. These people are now participants in an institution of the State, one of the “Militia of the several States”, with full constitutional legal authority. The Militia are not the ones who are the subject of initiatives coming from the State capital or coming from Washington, D.C. They are the people who generate those initiatives.

Constitutional Militia are State governmental institutions formed under State statute, exercising constitutional legal authority—thoroughly civilian in character. The Militia are not the ones who are the subject of initiatives coming from the State capital or coming from Washington, D.C. They are the people who generate and enforce those initiatives. Through the Militia Structure, American’s can exercise legal authority as institutions of government to ensure elected officials conform to their constitutional powers and disabilities.

Through the Militia structure, the people exercise full Constitutional legal authority every day of the year as institutions of government. The “Militia” are the only Constitutional entity that is given the direct and explicit authority to “Execute the laws of the Union”[4]. That power is not given to the Army or the Navy, or any of the para-militarized professional “police” forces as America experiences them today.

1.) See 18 U.S.C. §§ 241 and 242. 2.) U.S. Const. art. III, § 3, cl. 1. 3.) U.S. Const. art. I, § 10, cl. 1. 4.) U.S. Const. art. I, § 8, cl. 15.