Tuesday, January 29, 2013

Militia and the Rule of Law

So just what is the Militia? Well that is an interesting question that varies not only throughout history and geographical areas as a whole but even particularly within the United States depending on time period and other outside influences.

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!!!!



14 comments:

  1. Replies
    1. And thank you for your comment as well sir!!!

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  2. The National Guard is a hybrid reservist-state militia system. The State only pays for their costs if it is the Governor who calls them up. From what I can tell the Feds pay for a lot of their upkeep. So when you sign up for the National Guard, you are in effect signing up to be a reserve (as in non-permanently moblized, on call) soldier in the U.S. Armed Forces, with a local call up option for the State Governor.

    On an odd note, a lot of "militia" troops were not always volunteers. The local government did at times conscript people. For obvious reasons, single unpropertied men were called on first. Some sort of local consul got toghether and choose who would go. As far as I can tell it was not done by lottery.

    I learned of this first when looking into King Philip's War.

    In the case of the Revolutionary War, those were obviously volunteers on both sides.

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  3. maybe we will; maybe we won't work with the local government when the bad stuff starts to happen. either way we're not a part of the government. linked for your point of view

    http://alamancerangers.wordpress.com/2013/01/31/february-notes-2/

    tensmiths

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    Replies
    1. Tensmith: I am assuming that "Alamance" is used in reference to the Alamance County, NC Regulation. I notice in the PC version of the Alamance County website that they are saying that the 6,000 farmers (not militia mind you) showed up unarmed. They don't explain why it was called a battle (versus a massacre) if only the British were shooting. Good luck to y'all.

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  4. This is a very convoluted subject and much depends on your individual state laws and your governors.So i suggest you research your own state laws regarding this subject because many states have anti-militia laws.I have researched this to some degree and have found this to be true.Where I reside,and this is pretty much true in many states) the unorganized militia was made up of able-bodied men between the ages of 17-45(some states18-65 or older if willing)and would be formed in the event of a crisis to defend their own state from aggression,or some form of disaster aid.They would be formally called upon by the governor of that state to volunteer for service.Most states have laws and provisions on the books for this.States that have a more formal state Self Defense Force(ex. Georgia) would call upon these forces first,as the organized militia,and the unorganized militias would/could be used to bolster those forces.Of course this leaves out the Natl.Guard,which is usually called upon first in the state(s)to quell disturbances by the Governors of that state.Since the N.G.has been federalized it is really no longer a "militia"per se,this being done during WWI and continuing until today.This is all very confusing as far as the differences between the states and the disdain the Federal Govt.has for citizen militias,and contributes greatly to disorganization and rivalry between groups.Many of the state defense forces are auxilliary and contribute in the areas of comms,CERT,SaR,Medical,etc.in the event of disaster.Our Constitution also only allows for a standing Navy(with a force such as the Marines onboard) to protect our sovereign borders.It also allows only a 2 year period for a standing army and only after war has been declared legally(which has to be renewed every 2 years if the war continues)this adds to the overall confusion.I hope this has been somewhat useful and suggest those interested will research their own states laws further.There are ways to train and not be in violation of the laws in your state.Be creative and stay safe Patriots!

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