Tuesday, January 29, 2013
Militia and the Rule of Law
What some would call a militia at times was the only "military" some countries really had. To offset the cost of a standing military most nations attempted to rely on a militia configuration of one type or another to fill the gap requiring citizens to arm themselves according to their station, property owned and local responsibilities. In many ways it was a hold over from feudal obligations as well.
I don't think anyone can argue that in colonial America as well as the early Constitutional United States that the militia was comprised of all Men between a certain age range who were free. The age range varied and so did the perception of who was actually free but those are minor issues that have no bearing on my point. Since the actual make up, or more importantly the Constitutional removal of a militia has never been enacted then the actual make up of the militia is for the present entirely made up of those who wish to volunteer and are willing to become the militia themselves.
Taken as a whole what was addressed as the Militia by the founding fathers was treated the way almost every other important and potentially powerful entity or topic was handled. It was left overall relatively vague with checks and balances in place to keep one individual from gaining unrestrained control.
While the militia can be called into Federal service and then fall under the command of the President as "commander and chief" there are several questions of procedure which limit this power. These limitations also call into question just what the Militia is and who they answer to before other powers are used. For instance the President does not have the power to declare war so it is questionable whether he has the power to actually call up the militia and thereby place them under His command as the Military size and budget is also the responsibility of Congress.
A number of these issues were hashed out during and after the American civil war but they were not really settled by any true meaning of the word except by Might makes Right opinions. In other words the victor made the call they wanted. The crux of the matter for me is that unless Congress declares war and thereby recognizes the "enemy" as an entity or passes legislation calling up and increasing the Federal Military and placing the Militia under said established military control and chain of command, the Militia is an instrument of the people and not answerable to nor under the command of the President.
Keep this in mind because under the rule of law if any procedure is violated than the whole cannot stand legally. Congress declares war but can only do so with the proper quorum and legally elected officials. The current President along with many members of the Federal government and citizens would like to pretend there is no official militia. Ignoring something does not make it disappear and there is at the moment no Constitutional mandate that the Militia is in any way under the command of the Federal government.
In the times ahead please keep in mind that proper procedure must be maintained. Many will attempt to tie your hands by twisting the Constitution and omitting other parts to get their way or acting in ways that do not follow the proper steps outlined. Once any step is ignored or by passed than the whole does not stand. Even if the Constitution is totally out voted at the ballot box those votes do not have the power to change the procedure nor are they legally binding unless the proper steps for those changes are taken.
As the Big Government Liberal/Feminist machine prepares to add another 11 to an estimated 30 million new voters to their rolls they cannot change the Constitution by individual votes alone nor by forcing the vote of population centers on other less populated areas and you as the Militia are not bound to a Federal Military chain of command unless proper procedure is followed.
My fear is someday we may all need this knowledge.
Keep Prepping Everyone!!!!