By Daniel Vincent McGonigle III
April 29, 2014
What several States institution—historically and constitutionally enumerated to be composed of the whole People [the Sovereign] organized in authorized command structures—is “necessary to the security of a free State”, necessary to “the common Defence” of life, liberty and property, and necessary in any emergency “to execute the Laws” including but not limited to enforcing “This Constitution, and the Laws .. made in Pursuance thereof ” ?
“Government was instituted for the purposes of common defence .. it is the greatest absurdity to suppose it in the power of one, or any number of men, at the entering into society, to renounce their essential natural rights, or the means of preserving those rights; when the grand end of civil government, from the very nature of its institution, is for the support, protection, and defence of those very rights; the principal of which, as is before observed, are Life, Liberty, and Property.” — Samuel Adams, Boston Committee of Correspondence Report, November 20, 1772
“When .. it becomes necessary for one people … We hold these truths to be self-evident .. Governments are instituted among Men, deriving their just powers from the consent of the governed … it is the Right of the People to .. to institute new Government ..” – the unanimous Declaration
“We the People .. do ordain and establish this Constitution ..” – Constitution Preamble
“.. 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 in all cases the military should be under strict subordination to, and governed by, the civil power.” – Virginia Constitution, Decl of Rights, Sec 13
“.. every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, ..” – Articles of Confederation and perpetual Union, Art VI Clause 4
“The people have a right to keep and to bear arms for the common defence. .. the military power shall always be held in an exact subordination to the civil authority, and be governed by it.” – Massachusetts Constitution, Decl of Rights, Art XVII
“To .. provide for the common Defence ..” – Art I Sec 8 Clause 1
“To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;” – Art I Sec 8 Clause 15
“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, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;” – Art I Sec 8 Clause 16
“.. the Militia of the several States, when called into the actual Service of the United States ..” – Art II Sec 2 Clause 1
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; .. shall be the supreme Law of the Land; ..” – Art VI Clause 2
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” – Second Amendment
“.. in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; ..” – Fifth Amendment
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” – Tenth Amendment
The federal Constitution & Bill of Rights in fact maintained the pre-existing Militia command structures to which all able-bodied men belonged under State, Provincial and Colonial Acts. As quoted above, Art II enumerates that “the Militia” are “of the several States”—the Militia are State institutions. All Thirteen of the Colonies had an extensive pre-Constitution history of Militia Acts, centered principally around County command structures with the main body of the People composing the local Militia Companies. The pre-State Militia Acts, post-State Constitution Militia Acts and post-federal Constitution State Militia Acts maintained essentially identical command structures.
Whereas, The Militia Act of January 21, 1903 initiated statutory disbanding of the American People [the Sovereign], alleging the People to be the “Reserve Militia”; an action explicitly repugnant to Art I Sec 8 Clause 16, and pre-existing State institutions and colonial command structures; and,
Whereas, The National Defense Act of 1916 further disbanded the American People [the Sovereign], alleging the People to be the “Unorganized Militia”; an action explicitly repugnant to Art I Sec 8 Clause 16 and American history; and,
Therefore, the May 8, 1792 Militia Act stands as the governing federal Law “made in Pursuance thereof”, for organization of the several States Militia command structures composed of the People [the Sovereign]; and,
Therefore, all 50 of the several States Militia Acts [repugnantly fell in line with the 1903 federal Act] governing the “National Guard” [falsely alleged to be the “Organized Militia”] and the [falsely alleged] “Unorganized Militia”, and the federal Acts since 1903 purporting to govern the several States Militia—
Are NOT in compliance with the Constitution, Bill of Rights, several State Constitutions, and the governing federal Law “made in Pursuance thereof” [May 8, 1792 Militia Act]; and,
Therefore, all 50 of the several States legislatures are each obligated to pass a bill into Law that revitalizes the State Militia, bringing them into compliance with the Constitution, Bill of Rights, several States Constitutions, and the governing organizational federal Law “made in Pursuance thereof” [May 8, 1792 Militia Act]—in order to Enforce Our Constitution by “calling forth the [revitalized] Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions”; and,
Therefore, Congress is also obligated to repeal the repugnant sections of the January 21, 1903 Militia Act and the 1916 National Defense Act, in order to bring federal statutes into constitutional compliance.
To expect Congress to act according to the Five Militia Clauses in the Constitution & Bill of Rights is not practical at this time, but no matter—that can not legitimately affect the several States legislatures in taking the lead and necessary action to revitalize the several States Militia institutions, because since the illegitimate 1903 and 1916 federal Acts were not “made in Pursuance thereof”, and therefore are not actual constitutional Laws but only “color-of-law”—federal supremacy per Art VI cannot be legitimately claimed over new State Militia statutes in each of the several States. Expect some state legislators lacking proper knowledge to raise this non-issue.
There is nothing standing in the way of the 7,300+ State legislators [or the People pushing and instructing them] from revitalizing the true constitutional Militia, except the knowledge and the will.
Definitions in Webster’s 1828:
“MILI’TIA, n. .. The body of soldiers in a state enrolled for discipline, but not engaged in actual service except in emergencies; as distinguished from regular troops, whose sole occupation is war or military service. The militia of a country are the able bodied men organized into companies, regiments and brigades, with officers of all grades, and required by law to attend military exercises on certain days only, but at other times left to pursue their usual occupations.”
“NECESSARY, a. 1. That must be; that cannot be otherwise; indispensably requisite .. 2. Indispensable; requisite; essential; that cannot be otherwise without preventing the purpose intended ..”
Key words, and a warning, from Story’s Commentaries, Sec 1890, on the Second Amendment:
“.. yet, though this truth would seem so clear, and the importance of a well regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burthens, to be rid of all regulations. How it is practicable to keep the people duly armed without some organization, it is difficult to see. There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights.”
These words are plain English. They describe enumerated organized [not repugnant “unorganized”] power of the States and the People, or power of the People themselves—the Sovereign, when necessary, in order to guarantee security of freedom and execution of the Laws .. made in Pursuance thereof. [Compare this sentence to the words of the Tenth Amendment.] Dr. Vieira’s recent and substantial top scholarship on the power of the sword stands, remaining un-rebutted, as does my scholarship of the past few years.
We the People must ask ourselves and the legislators of the several States must ask themselves—will We admit these truths, these American principles and our American duty? Will We push for constitutional revitalization of the Five Militia Clauses, and will the Sovereign’s 7,300+ elected legislators of the several States adhere to their sworn Oath to revitalize what is “necessary to the security of a free State” and necessary to Enforce Our Constitution? [“the key” to restoring our constitutional Republic]
Our posterity and America’s future is depending on how We, the Sovereign, shape the near future. Digesting this information is critical. It is highly recommended to organize locally for mutual learning and education in these constitutional principles, and to give instructions to legislators. For the upcoming fall primaries and elections, people should tell everyone they know to focus on the most important and the easiest achievable—supporting and putting only constitutional candidates in the State legislatures, especially the lower houses or assemblies, and supporting only constitutional candidates for County Sheriff.
“[a] well regulated Militia, being necessary to the security of a free State” .. these thirteen words are the most important in the entire Constitution, even more significant than the declaration in the Preamble (remarkably, in the very same number of words) that ‘WE The PEOPLE of the United States *** do ordain and establish this Constitution’. For although identification of The PEOPLE as America’s sovereigns is critical in establishing the origin and legitimacy of the Constitution, specification of the indispensable means for maintaining their sovereignty against all hazards is of even greater consequence. The declaration ‘WE The PEOPLE …’ asserts a right. But ‘[a] right without remedy is as if it were not. For every beneficial purpose it may be said not to exist.’ In the realm of political and legal theory, a right may be supreme; in the real world, however, the remedy for its violation must be accorded a practical priority.”
– Edwin Vieira, Jr., Thirteen Words (2013), p. 13-14 and footnote 9.
“But you must remember, my fellow-citizens, that eternal vigilance by the people is the price of liberty, and that you must pay the price if you wish to secure the blessing. It behooves you, therefore, to be watchful in your States as well as in the Federal Government.”
– Andrew Jackson, Farewell Address, March 4, 1837
“The only thing necessary for the triumph of evil is for good men to do nothing.” – Edmund Burke
© 2014 Daniel Vincent McGonigle III
This commentary was originally posted at EnforceOurConstitution.com — http://enforceourconstitution.com/the-states-the-sovereigns-constitutional-militia-of-the-several-states-necessary-to-the-security-of-a-free-state-and-necessary-in-emergency/
Dan McGonigle spent almost thirty years in the building and construction industry, from carpenter to project superintendent, and held numerous licenses, certifications and registrations related to expertise, supervision and instruction in the industry. He has a B.S. in Construction Management from Wentworth Institute of Technology. He was active in politics and ran for State Representative in 1994. From May through October, 2009, Mr. McGonigle wrote a constitutional analysis of, and instructed and led citizens inside the Massachusetts State House in instructing their legislators in the House of Representatives on—the dangers of public health emergency bill S.2028 which had passed the Senate unanimously 36-0 in April, just after the false world-wide swine flu scare. After several months of lobbying and instructions, the House passed a different version in October, and the draconian S.2028 died in conference committee. After Mr. McGonigle witnessed a speech by Dr. Edwin Vieira, Jr. at the Boston Tea Party event at Faneuil Hall in December, 2008, and after finishing his State House work on “The Pandemic Bill” in 2009, he immersed his studies in the works of Dr. Vieira and the constitutional history and principles of the power of the sword. Mr. McGonigle wrote his first book “Execute the Laws” To Restore the Republic, Vol. 1 in 2013. He publishes short commentaries regularly at EnforceOurConstitution.com and in the blog section of CampConstitution.net, he posts regularly on Facebook, and he’s a regular instructor at Camp Constitution—the week-long family camp held annually in mid-July.
Sources of Pertinent Information:
http://CampConstitution.net — Camp blog
“On A Militia Mission”, The New American, January 6, 2014, by Joe Wolverton II, JD — http://www.scribd.com/doc/200991264/On-a-Militia-Mission
“No Militia Means More Intrusive Law Enforcement: Our Framers didn’t envision a free State with the current level of government control”, USAToday, March 9, 2014, Columnist Opinion by Glenn Harlan Reynolds, JD — http://www.usatoday.com/story/opinion/2014/03/09/second-amendment-militia-guns-military-swat-constitution-column/6230769
Edwin Vieira, Jr., PhD, JD—Archive of Commentaries, 2005 – Present — www.NewsWithViews.com/Vieira/edwinA.htm
Constitutional “Homeland Security” Vol. 1: The Nation In Arms (2007) Edwin Vieira, Jr. — http://www.amazon.com/Constitutional-Homeland-Security-Nation-Arms/dp/0967175925
The Sword and Sovereignty: The Constitutional Principles of “the Militia of the Several States” (2012) Edwin Vieira, Jr. CD: 2,300 pgs, 6,500 footnotes & endnotes. — http://www.amazon.com/The-Sword-Sovereignty-Constitutional-Principles/dp/0967175941
Molon Labe: How the Second Amendment Guarantees America’s Freedom (2013) Produced by Edwin Vieira, Jr. and Henrietta Jaeger. Written & Directed by James Jaeger — http://molon.us/dvd
Thirteen Words (2013) Edwin Vieira, Jr. — http://www.amazon.com/Thirteen-Words-Jr-Edwin-Vieira/dp/096717595X
“Execute the Laws” To Restore the Republic, Vol. 1 (2013) Daniel Vincent McGonigle III — http://www.amazon.com/Execute-Restore-Republic-Nicholas-McGonigle/dp/0989670201
The Rights of the Colonists, aka The Boston Pamphlet, by Samuel Adams; The Report of the Committee of Correspondence to the Boston Town Meeting, Nov. 20, 1772 — http://history.hanover.edu/texts/adamss.html — Excerpts re-printed in “Execute the Laws” To Restore the Republic, from the Report published in Boston Town Records and by The Old South Meeting House.
Virginia Declaration of Rights — http://www.archives.gov/exhibits/charters/virginia_declaration_of_rights.html
Articles of Confederation and perpetual Union — http://avalon.law.yale.edu/18th_century/artconf.asp
Declaration; Constitution; Bill of Rights — http://www.archives.gov/exhibits/charters/charters.html
Noah Webster’s 1828 American Dictionary of the English Language — http://1828.mshaffer.com http://webstersdictionary1828.com
Commentaries on the Constitution of the United States (1833) Joseph Story. Sec 1890 on the Second Amendment — http://press-pubs.uchicago.edu/founders/documents/amendIIs10.html