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Militia Structure: Total Organization

The constitutional Militia structure is highly organized.

Last Updated on November 9, 2021 by Constitutional Militia

1st Main Provision of the Militia Structure: Every “Able-bodied” adult is part of it.

The Militia structure is highly organized (i.e., every “able-bodied” adult is part of it)—the exact opposite of what we presently have in the United States, which is atomized individuals, or individuals in very small groups disconnected from the rest of society with no constitutional legal authority. Militia are State government institutions, organized under State statute, thoroughly civilian in character. The Militia Structure is largely outside the jurisdiction of the General Government (what many people mistakenly refer to today as the “Federal” government). WE THE PEOPLE refused to entrust “the security of a free State” (Second Amendment) to a transient Political Class, but influence and enforce “a free State” ourselves by serving in “[a] well regulated Militia” (Second Amendment), which is constitutional “homeland security” based upon the right of the people to keep and bear arms. “[T]he Militia of the several States” is the only institution to which the Constitution guarantees will always “keep and bear Arms” (Second Amendment) because it is the sole institution “necessary to the security of a free State” (Second Amendment).

Constitutionally, The Power of the Sword is broken up into three parts at the level of the General Government:

1.) Army
2.) Navy
3.) Militia

The Constitution recognizes the “Army and the “Navy” as the regular armed forces, which are entirely subject to the control of Congress and to whom the President is made “Commander in Chief….when called into the actual service of the United States;”[1] In stark contrast, Congress governs only “Part”[2] of the Militia—the “Part” that may be employed for national service—”in the service of the United States”.[3] Otherwise the States and the people regulate their Militia according to law entirely outside the jurisdiction of Congress.

Footnotes:

1.) U.S. Constitution Article II, § 2, cl. 1.

2.) U.S. Constitution Article I, § 8, cl. 16.

3.) Id.

An army or navy is not required constitutionally. Congress is given the authority to:

1.) “raise and support Armies”— Article I, § 8, cl. 12
2) “provide and maintain Navy”—Article I, § 8, cl. 13

Congress may determine that it wasn’t “necessary and proper” (Article I, § 8, cl. 18) to have an army or navy—that the United States didn’t need one, they are “optional structures”. In fact, the Constitution makes it clear that there is a suspicion, at least with respect to an army. The Founding Fathers were very suspicious of “standing armies” as they had a “run in” with one in particular: the British standing army and General Gage, which lead to the Battle of Lexington and Concord. The Founders were highly skeptical of that type of institution as they were familiar with historical “standing army” experiences in 1600′s England and the Roman Empire’s Praetorian Guard. Therefore a great deal of historical background informed the Founders about the dangers of standing armies. And so they placed a provision in the Constitution that limited monetary appropriations for any standing army to be for only “two years” (Article I, § 8, cl. 12). Why?

Because that’s the term of the House of Representatives (Article I, § 2, cl. 1). In practice, one Congress could fund a standing army, but the people then decide, “We don’t want this”. And the next Congress, in the House of Representatives, in which all spending bills must originate (Article I, § 7, cl. 1), would change its composition, and the new House of Representatives would refuse to fund this standing army, which was inimical to THE PEOPLE and the standing army would dissolve for lack of money.

The Constitution recognizes the Militia as preexisting and establishes them as permanent governmental structures with perpetual domestic functions, specifically to—”execute the Laws of the Union, suppress Insurrections and repel Invasions”.[1] The Constitution recognizes the Militia as preexisting and establishes them as permanent governmental structures. These were not merely theoretical “Militia”, but were actual institutions that existed as a matter of fact and law—the only institutions of their kind. Militia Structures then existed in 1788 and had been in existence at all times for over 150 years throughout America, settled and regulated pursuant to Colonial and then State statutes.

Footnotes:

1.) U.S. Constitution Article I, § 8, cl. 15.

EN-113 — See An Act for the electing of commissioned officers of the severall train bands in this Colony, Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 19th day of June, 1705, in Rhode Island Records, Volume 3, at 534; An Act for numbering all persons able to bear arms within this state, Proceedings of the General Assembly, held for the State of Rhode Island and Providence Plantations, at Providence, on the fourth Monday in March, 1777, in Rhode Island Records, Volume 8, at 189. Also see The Sword and Sovereignty: Constitutional Principles of “the Militia of the several States” by Dr. Edwin Vieira, Jr., page 125.

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Constitutional Militia are State government institutions, thoroughly civilian in character. It is by the efforts of "the Militia of the several States", that the "security of a free State" can be preserved throughout the Union.
Militia Structure

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