Last Updated on March 16, 2022 by Constitutional Militia
Militia: Unconstitutionally Disestablished and Fused with the Regular Armed Forces
Militia had been in existence for generations throughout America, settled and regulated pursuant to Colonial and then State statutes. And there are hundreds of Militia statutes that go back to the early 1600′s, until after the Constitution, as they kept passing them pursuant to constitutional authority. Militia, as a matter of fact and law were governmental structures, thoroughly civilian in character, separate and distinct from the regular armed forces—often referred to and denounced by Founding Patriots as “standing armies”. Indeed, the Founding Fathers were all to familiar with “martial law” that was part and parcel of “standing armies” in the American colonies, which the Declaration of Independence identified as one of the most egregious forms of “an absolute Tyranny” freighted upon “the good People of these Colonies”.
Unfortunately, even with all of this information before it, in the early Twentieth Century Congress began thoroughly to muddle the constitutional differentiation between the “the Militia of the several States” and the regular Armed Forces:
• In 1903 and 1908, Congress provided “[t]hat the militia * * * shall be divided into two classes—the organized militia, to be known as the National Guard of the State * * * or by such other designations as may be given them by the laws of the respective States * * * , and the remainder to be known as the Reserve Militia”. This prepared the statutory groundwork for unlimited confusion thereafter, by bifurcating the Militia into two components, and assigning to each one a new name unknown in pre-constitutional American history and for which the Constitution provides no justification.