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Militia: Legal Structure

The legal structure of the constitutional Militia is the entirety of the able-bodied adult population, properly organized, armed, and disciplined pursuant to statute in some effective manner at all times. This ties in directly with Congress’s constitutional power and duty “[t]o provide for organizing, arming, and disciplining, the Militia”. By incorporating “the Militia of the several States” into its federal structure, the Constitution ensures that such “Militia”—and, absent an Amendment, only such “Militia”—will always exist under its aegis.

Militia Defined

“Militia”: Defined by Law

"Militia": Defined by LawWE THE PEOPLE in 1791 did not need to consult isolated statements of various Framers and Founding Fathers in order to...
Constitutional Institutions

Militia: Permanent Constitutional Institutions

Militia: Permanent Constitutional and State InstitutionsThe Constitution recognizes “the Militia of the several States”—the “well regulated Militia” referred to in the Second Amendment as...
Militia Membership

Militia: Near Universal Membership

Militia: Near Universal ServiceFor society to depend upon professional “police” and other “law-enforcement” and “internal-security” forces separate from, independent of, and perhaps antagonistic to the people...

“Able-Bodied” and Militia Service

Every “Able-Bodied” Male Between the Ages of 16 to 60 Subject to Some Service in the MilitiaThe general rule for about one hundred fifty...
Well Regulated

“Well Regulated Militia”

"well regulated Militia" (Second Amendment)When ratifying the Constitution in 1787 and 1788, WE THE PEOPLE would never have assigned to "the Militia of the...
Militia Organization

Militia Structure: Total Organization

Militia Structure— 1st Main ProvisionTOTAL ORGANIZATION: Every “able-bodied” adult is part of "the Militia of the several States" pursuant to CONSTITUTIONAL PROVISION AND STATE...
Militia Armament

Militia Structure: Near Universal Armament

Militia Structure— 2nd Main ProvisionNEAR UNIVERSAL ARMAMENT: Every “able-bodied” adult is required to be armed for Militia service pursuant to CONSTITUTIONAL PROVISION AND STATE...
militia training

Militia Structure: Training

Militia Structure— 3rd Main ProvisionTRAINING: Every “able-bodied” adult is required to be trained at the State level pursuant to CONSTITUTIONAL PROVISION AND STATE STATUTE 3rd...
community policing

Militia: Entrusted with “Police Powers”

“Police Powers”: Entrusted to the Militia as Governmental Institutions From the earliest days in the American colonies, the Militia were empowered to execute the laws...
Militia and the Regular Armed Forces

Militia: Not Part of the Regular Armed Forces of the Union or of the...

Militia: Separate and Distinct from the Regular Armed Forces of the Union or StatesFor good reason, the Constitution makes sharp distinctions among “the Militia...
"well regulated Militia" 2nd Amendment

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