Militia
Jan 2024 Democrats Propose Bill to Neuter Militias
The “Preventing Private Paramilitary Activity Act” would effectively limit most militia activity.
Audio file: Dr. Edwin Vieira On The REAL Constitutional Militias And Why All Citizens MUST Be Armed...Fascinating, Essential Information
How the States Can Suppress Illegal Immigration
POPULAR MEANING: A free armed force comprised of private citizens.
ACTUAL MEANING: Originally, "militia" simply meant "a system or organization of military discipline." The term dates back to 1590 and derives from the Latin 'milit" which meant "soldier." Inherently, "militia" connotes no distinction between either a private army or a government army. That distinction may be determined only by the context of its usage.
For instance, to know what the term "militia" meant in the Second Amendment to the Constitution ("A well regulated Militia, ... etc.) one must refer back to Article II, Section 2 of the Constitution which identifies it as "... the Militia of the several States" indicating a militia organized by state government over which, along with the Army and Navy, the President was Commander in Chief. This is the “organized militia”. The unorganized militia is every able-bodied male....
The point is that the term "militia" is a government term — especially when used in the context of the Constitution or constitutional dictionaries. It neither confers, nor recognizes, private rights or powers of people to be armed for defense or warfare. Neither are your rights to own and bear arms protected by the Second Amendment unless you are in a government militia. The freedom to bear arms can NOT be granted by government. In fact, freedom of any sort cannot be granted. Power to "grant" is power to control, which precludes freedom. Freedom is available only to private individuals who are willing and able to claim it and defend it.
The Virginia Declaration of Rights:
XIII That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and be governed by, the civil power.
The Articles of Confederation:
Article VII dictates that a State will appoint and maintain all military positions below the rank of colonel for any land-forces that the State may raise for the common defense.
The militia is a state power. The county sheriff and county government can form a militia.
Dr. Edwin Vieira:
When he went to Harvard Law school in 1973, in his course on Constitutional Law, they only read snippets from Supreme Court cases but were never assigned to actually read the Constitution. They started out with someone telling them about the Constitution through Supreme Court opinions. He’s been talking about the militia on the internet since 2005. It’s like he’s talking to the wind, none of these people on the individual right to bear arms bandwagon want to talk about the militia. The very fact that you are in a militia requires you to have the kind of weapon needed to fight an armed invasion by foreign forces, war.
Mao Tse Tung: Political power goes out of the barrel of a gun. That segment of a society that holds the balance of force has political power. If the people themselves are supposed to have the sovereignty they are the ones who need to hold the mechanisms of force. You won’t have a place for political party structures that are antithetical to the constitution. That’s why the people in control bad mouth the militia. They made militia into a dirty word.
We must extricate ourselves from failure to stand on the constitution. We didn’t force them to honor the greatest document ever conceived? People aren’t thinking conceptually about political theories. They think in terms of policy conflicts.
The FBI isn’t a constitutional entity. The constitutional entity that has the authority to execute the laws of the union is the militia of the several states. The president has authority to call the militia into service to execute the laws of the several states. If you wanted to run a constitutional operation, you would set it up through the militia of the several states who would always remember they were there on behalf of their own states. This is the federal structure. You wouldn’t have this FBI fiefdom that sees itself as totally independent.
Every one of these agencies has its own police mechanism.
The militia should actually be functioning.
District of Columbia vs. Heller District of Columbia v. Heller, case in which the U.S. Supreme Court on June 26, 2008, held (5–4) that the Second Amendment guarantees an individual right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home. It was the first Supreme Court case to explore the meaning of the Second Amendment since United States v. Miller (1939).
Gilligan vs Morgan dealt with the Kent State situation, 1973. Student groups wanted the court to step in and control the militia. Went to the Supreme Court which said this isn’t a jurisdictional question and it can’t be brought before the Supreme Court. The authority for dealing with the militia is entirely in the hands of the governor or the legislature can enact statutes. The governor is in control, the courts cannot intervene.
The militia is insulated against judicial or congressional interference. Even the president can’t interfere because he is the commander in chief of the militia only when called forth for the service of the United States, from the several states for the union. The Washington D.C. level is completely excluded. The states, without the consent of congress, can repel and invasion.
The militia is defined by 10 U.S. Code § 246:
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and… under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
This is, again, an incredibly powerful piece of legislation. Put into plain English, and ignoring a few minor exemptions (postal workers, etc), The President commands an unorganized militia consisting of every able-bodied man between the ages of 17 and 45. The men don’t need to be in the National Guard. They don’t need to be veterans. They don’t need to be anything except 17 to 45 and able-bodied.
Remember that 10 USC § 253 grants the President the power to use the militia to take such measures as he considers necessary to suppress conspiracy. The militia is statutorily defined to include the unorganized militia.
Therefore, when you combine 10 USC § 253 with 10 USC § 246, the President can call on every able-bodied male age 17 to 45 to take any means he deems necessary to suppress the conspiracy to deny Americans their voting rights.
How many men is that? With 328M Americans, 50% of them male, and 40% of them between 18 and 45, that’s 65M militia members.
When the President calls up the unorganized militia, how does it get organized? What Federal statutes, regulations, and case law govern what happens next? The answer… Well, there isn’t one.
“The Citizen-Soldier under Federal and State Law”, a lengthy law review article published in 94 W. Va. L. Rev (1992), reviewed all of the available statutes, regulations, and case law relating to the use of citizen-soldiers. Turns out, there’s not much about the unorganized militia. In fact, in the entirety of the 20th century, there has only been one case:
In 1946 Virginia Governor William Mumford Tuck issued a call to the state's unorganized militia to come to the aid of the state and to quell a labor dispute.
At the time, “Virginia law divided its militia into four classes: the National Guard, the Virginia Defense Force, the naval militia, and the unorganized militia. This latter unit hypothetically consisted of all able-bodied males between the ages of sixteen and fifty-five who could be summoned by the governor if needed.” (Virginia law thus mirrored 10 U.S. Code § 246.)
Two days before the strike deadline, Governor Tuck “unilaterally decreed that all IBEW employees were summarily drafted into the unorganized militia and ordered, on pain of court-martial, to continue at their jobs.” Shortly thereafter, the dispute was resolved and questions as to the constitutionality of Tuck's actions were left unresolved. However, the next month, US President Harry S. Truman “used a similar tactic in threatening to draft into the U.S. Army railway workers whose union, the Brotherhood of Locomotive Engineers and Trainmen, was calling for a nationwide strike; as in the VEPCO affair, the two sides reached a settlement at the eleventh hour.”
So in the only recorded instance in the last 100 years, an unorganized militia was called up, drafted, and ordered to perform particular duties on pain of court-martial, unilaterally by a governor, without any other legislative action, new statute, or court order. And rather than condemn the governor, the US President thought this idea was so awesome he used it himself the next month on the federal militia.
With no apparent limits whatsoever, the Insurrection Act combined with the Militia Act isn’t just a blank check; it’s a blank check book.
As of 2020:
Let’s assess the balance of forces. Trump’ voters consisted of 58% of 98M white men; 55% of 98M white women; 36% of 30M Hispanic men, 28% of 30M Hispanic women, 20% of 22M black men, and 9% of 22M black women.
Meanwhile, the demographics of gun ownership in the US are as follows: 48% of white men own a gun, while only 24% of white women own a gun, 24% of non white men, and 16% of non-white women.
Assuming that women largely don’t fight (which is the historical norm), the balance of forces looks like this:
98 million white men x 58% Trump voters x 48% gun owners x 40% 18-45 = 11 million white gun-owning Trump militia
36 million Hispanic men x 30% Trump voters x 24% gun owners x 40% 18-45 = 1 million Hispanic gun-owning Trump militia
22 million black men x 20% Trump voters x 24% gun owners x 40% 18-45 = 0.4 million black gun-owning Trump militia
98 million white men x 42% Biden voters x 48% gun owners x 40% 18-45 = 8 million white gun-owning anti-Trump resisters
36 million Hispanic men x 70% Biden voters x 24% gun owners x 40% 18-45 = 2.4 million Hispanic gun-owning anti-Trump resisters
22 million black men x 80% Biden voters x 24% gun owners x 40% 18-45 = 1.7 million black gun-owning anti-Trump resisters
Although only 39% of Americans are Republicans, gun owners are actually 64% Republican. In other words, those who own guns are disproportionately Republican by a factor of 1.64!
3% of Americans fought in the Continental Army during the Revolution. If 3% respond to the call for the militia, that would mean between 450,000 to 700,000 militia and 210,000 to 450,000 resisters. To put that in context, there’s only 60,000 soldiers in the Infantry Branch of the US Army.
As noted earlier, the military’s combat arms are disproportionately white, with the infantry being 79% white and only 9% black. Since the United States has now been at war for 20 years, there are millions of combat veterans, and the vast majority of those who fought as infantry are likely to be on Trump’s side. Likewise, the vast majority of LEO veterans seem likely to fight on Trump’s side, if they chose a side.
The Oathkeepers, a hundred-thousand-strong organization made up of military and law enforcement veterans and personnel, has already stated that it will refuse to recognize a Biden presidency. “We’ll be very much like the founding fathers. We’ll end up nullifying and resisting,” said founder Stewart Rhodes.
The founding fathers resisted, of course, with guns.
Let’s quickly look at what happened. According to the Encyclopedia Virginia, the crisis began when the International Brotherhood of Electrical Workers (IBEW) union announced that its members would strike against the Virginia Electric and Power Company unless its demands were met by a deadline of April 1, 1946.
The purpose of the militia is to prevent the federal government from coming into your State and telling you what to do. It keeps your State free.