This Fourth Of July 2024

July 1, 2024 | 2nd Amendment, Constitution, Foreign Policy, Founders, Founding Documents, Sovereignty

Some say we are headed toward WWIII. Others say we are already there. Some fear nuclear Armageddon, while others believe it to be highly unlikely. Too many, assisted by a corrupt media see only what they are told to believe while the world burns. Most will never accept their responsibility in making poor choices when casting their ballot. Ignorance, and ambivalence cover the social and political spectrum. Lies, hatred, and foolishness have fueled our downfall.

However, the Founders of this Nation, as I have stated in the past, were men of great sagacity. They understood the willingness to corrupt and be corrupted. They had languished in desperation realizing “that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.”

For some, the yoke is never too restrictive. For some, ignorance is never too burdensome. For most, ambivalence is the easiest course.

So, what did the Founders leave their posterity that we might overcome the foibles that we are prone to exhibit?

Article I, § 8, Cl. 15 grants congress the authority “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions”. Militia is distinct from the army as SCOTUS has ruled on separate occasions. Article I, § 8, Cl. 16 grants congress the authority “To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States”, and then it imposes a duty on the states “reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”. The Law, by which “the discipline prescribed by Congress” states “That each and every … able-bodied … male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years … shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company.” It goes on “That every citizen, so enrolled … provide himself with a … good rifle … and shall appear so armed … when called out to exercise or into service”. Each state has its own concurring statutes that have been updated over the years. SCOTUS has ruled that “The Militia which the States were expected to maintain and train is set in contrast with Troops which they were forbidden to keep without the consent of Congress … The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. ‘A body of citizens enrolled for military discipline.’ And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.”

Congress has no authority to “unorganize” the militia. Therefore, Congress is restricted to “organize, arm, and discipline” the Militia. They are restricted under the legal doctrine “Expressio unius est exclusio alterius”. Those men 18-45 are not members of the armed forces, but rather militia. The purpose of placing militia in the Constitution was derived from the fear of standing armies, and the unconstitutional creation of agencies that might usurp the power of the People to hold government in check.

The Constitution is a uniform document created by thirteen sovereign states. The states granted congress the limited delegated authority to do certain things, but all those authorities rest on the state’s ability to enforce or deny, and that is why Militia is a critical part of our Law. If you read the Constitution in its entirety, you will note that everything is explained except for Militia. Why? Because it was already a pre-existing Institution that operated with detail of enrollment and organization. Militia statutes existed long before our Declaration.

•[1624 and 1632] “That no man go or send abroad without a sufficient partie will armed” and “[t]hat men go not to worke in the ground without their arms (and a centinell upon them).”

•[1672] “[A]s against all tymes of danger it ought to be the care of all men to provide that their armes and habiliments for war, be alwayes kept fixed and fitt for service[.]”

Here is a current statute from PA that is easy to find but incomplete.

“Title 51 § 507. Draft from militia for emergency. “The Governor shall have the power to order out for actual service with the Pennsylvania Guard by draft as many persons from the militia as necessity demands during a war or other emergency. The Governor is hereby authorized to form, adopt and prescribe such rules and regulations….” Those people will, more than likely, not be trained and made to be fodder.

I could not find the regulations related to § 507, so I sent a ‘Right To Know’ request to the governor and is the Open Records agency asking for the regulations. I got a run around for a while and then a denial.

This is not a subject that you discuss lightly because revitalizing the militia as required by law would return all power to the people. I have learned over years that when you tell men that there is an obligation to serve in the militia, they turn a blind eye, and deaf ear. It’s none more prevalent than in the so-called pro-2nd and patriot community who will use any excuse to avoid any commitment they perceived as something other than what history and law correctly defines.

However, in this time in history, when the doomsday clock for nuclear Armageddon has been moved up to 90 seconds, I find it particularly disturbing that there are just a few of us who want to stop the destruction of the world. The Founders of this nation were not lacking in their recognition that to prevent government of evil intent, the people would have to maintain sovereign powers over state actors. They already knew how, and with what Institution. Pollack v. Farmers Loan and Trust Company, 157 US 429, 558 notes “What *** those who framed and adopted [the Constitution] underst[oo]d [its] terms to designate and include”.

The real question in all of this is why anyone would ignore the responsibility to prevent what governments around the world perpetrated in the last Century; over Two Hundred Sixty Million people murdered through genocide.

Why anyone would turn a blind eye to what the Founders knew to be “the common parlance of the times in which the Constitution was written” – US v. South-Eastern Underwriters Association, 322 US 533, 539, and why anyone would fight to keep the means of total destruction in an institution Thomas Paine labeled; “Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one”

Let us summarize. Long before the U.S. became a sovereign Nation, the Laws of the colonies were enforced by the Militia. As noted in Miller, “The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators.” We know that the Militia has historical and legislative bona fides. “These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. ‘A body of citizens enrolled for military discipline.’ And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.”

When Captain Parker and his men mustered on Lexington Green to intercept the British Regulars ordered to disarm the militia and empty their armory of weapons and ammunition, Parkers Company were, by law, organized, armed, and disciplined in accordance with statutes. They were not volunteers. They were Militia with recognized powers and duties. One of those duties being to own and maintain a “good rifle” with adequate ammunition, to keep said weapons in good working order. In addition, the lieutenant of the county would periodically inspect. I note here that militia regulations would prevent questionable people from going unnoticed.

In “the common parlance of the times in which the Constitution was written” (US v. South-Eastern Underwriters Association, 322 US 533, 539), and the “accepted meaning [of the words] in that day” (Scott v. Sanford, 60 U.S. 393, 418), those who debated and ratified the Constitution, and the People, knew Militia to be an Institution with statutory powers, authorities, and obligations. Able bodied men were “severally and respectively [] enrolled in the militia” in accordance with the age requirement. Militia is not some fictional entity, but a state Institution composed of the People, contracted to the Constitution to perform stated duties.

When the members of the Constitutional Convention, and the state legislatures debated the Constitutional wording, they knew Militia to be as they knew it had operated for more than 165 years in this land.

At Article I, § 8, Cl. 15, congress is dependent on “The Militia which the States were expected to maintain and train”, “to execute the Laws of the Union, suppress Insurrections, and repel Invasions”. How will this Constitutional command be executed if we do not have Militia as those who ratified the Constitution, and placed such authority in this specific Institution be satisfied if the People do not fulfill all the principles and obligations?

I have already pointed out, but it bears repeating, our government is prohibited by Article I, § 8, Cl. 15 from creating agencies with law enforcement powers. Why? The Constitution recognizes one specific Institution with that power, which banned the creation of another.

I have been teaching and arguing these points for years. What I have learned is that the vast majority will do nothing to protect their rights, family, and community from any harm perpetrated by anyone, including government. No excuse, or argument is too extreme to avoid the duty we have to one another. In this time when we are inching towards WWIII, and possible nuclear holocaust, we still argue that we have no duty to stop the insanity.

This Fourth Of July, make the choice to fact check me while I ponder what it will take for the People to reclaim their powers, and authority. Will we wait until there is no chance of redemption, and our children will suffer the consequences of our ambivalence? Will we bequeath to our posterity chains, or far worse, a barren planet?