Distinction & Separation of Powers: The Art I Sec 8 Clause 12 ARMY—and the Clauses 15 & 16 MILITIA, the 2nd Amendment WELL REGULATED MILITIA and the Art II Sec 2 Cl 1 MILITIA OF THE SEVERAL STATES.

By Daniel V. McGonigle III

February 7, 2013

[Introduction, of future published subject matter.]

The title recognizes and asserts a very, very important distinction that was blurred 110 years ago, and was further blurred later by occupying usurpers.

What’s missing from the current public debates on the 2nd Amendment and its clause 2 RTKBA, the 10th Amendment, and the County Sheriff’s powers?

Many supposedly knowledgeable people today fail to see the importance of the intended and enumerated distinction between standing Army and Militia, and the distinction between authorized/organized and otherwise, which aids in perpetuating a blurred vision of constitutional enumeration and original intent. Today more than ever, clear vision of the distinction is required to understand the constitutional solutions to the serious problems permeating American governmental policies. It becomes obvious through understanding, that the Founders understood and provided a perpetual and timeless fundamental framework of enumerated duties, powers and solutions that are very applicable to today’s critical issues. Missing from the current uproar over the RTKBA—the guaranteed right of the 2nd clause of the 2nd Amendment, is the Militia duty and power of the 1st clause of the 2nd Amendment, which by definition, guarantees the RTKBA.

Misunderstanding of the distinction and separation of each of the Art I Sec 8 powers facilitates that a proven and documented falsehood be maintained as pretended belief, that the National Guard, controlled by the Army and Air Force, also functions as the state institution Militia composed of the People that is necessary to the domestic security of a free State. If that were true, the Founders would not have made the Section 8 clauses distinct and separate. The British regulars at the 1770 Boston Massacre were not Militia composed of the body of the People under provincial Militia Acts. The clause 12 National Guard at Kent State University in 1970 was not Militia under federal 1790s and pre-1903 State Militia Acts.[1] The gun confiscators in post-Katrina 2005 New Orleans were not Militia. Private groups of gun-owners lacking constitutional and civil authority for common defense are not Militia. Mixing up and confusing a federal standing army maintained for war, with the Militia composed of the people, and inserting the clause 12 Army into domestic affairs, would mean the end of American constitutional republican civil government, according to the Founders and over 150 years of American experience before ratifying the Constitution and Bill of Rights. A standing army was never intended to be involved in domestic affairs. With the body of the People composing the Militia, why would that be the intent? The actual funding of a standing army is required to be decided every two years, and for the nation to go to war requires a declaration of War by Congress. The pre-Constitution existing Militia was maintained in the Constitution and Bill of Rights, and kept to be preserved as perpetual entities in the several States. The separate clauses of Art I Sec 8 enumerated powers, the 2nd Amendment, and later the Posse Comitatus Act were to prevent abuse of Sec 8 clause 12 Army powers. The Founders knew that maintaining security composed of the body of the People, would prevent dictatorial military power, and facilitate and guarantee successful American republican constitutionalism. The gun confiscations throughout New Orleans during post-Katrina showed on a small scale the unconstitutional infringements by, and the dangers of, having a standing army or its clone in any form (modern militarized police) involved in domestic affairs. For those who have been exposed to the principles of common defense powers, yet fail to do their duty to promote domestic common defense revitalization, or actively deny the design and enumeration of organized common defense powers, as aforesaid, those deniers of American duty and powers aid in perpetuating a blurred vision of constitutional enumeration and original intent. Preamble and Art I Sec 8 cl 1 common defence, and Art I Sec 8 clauses 15 & 16, requires authorization and organization under civil government authority through regulation of uniform standards by State Militia statutes.

The unabated “Forward” march of usurpation and tyranny, due to lack of common defense of all rights, proves the necessity for revitalization. Those among us who recognize rights, but deny American duty and powers, duty asserted in the Declaration of Independence which stands alongside the Constitution and Bill of Rights; they aid in deterring restoration of the powers of the sword and the purse, the constitutional solutions that can restore and execute American republican constitutionalism. It behooves all to recognize the truth of what America was intended and enumerated to be—a constitutional republic. It behooves all to recognize how to properly and successfully suppress, repel, nullify and defend against past and current usurpation and tyranny—by re-authorizing, re-organizing, revitalizing and maintaining that which is “necessary to the security of a free State”, necessary to defend life, liberty and property rights. The Militia is the people’s military side of executing domestic Laws in emergency, while the County Sheriff is the civilian side of executing the Laws. The Militia and the Posse have separate functions. Therefore, the Posse power must also be recognized for all Sheriffs and revitalized if necessary.[2] Militia “necessary to the security of a free State” guarantees the RTKBA, and the RTKBA “shall not be infringed” guarantees that Militia can be assembled, mustered and called forth “to execute the Laws” in emergencies and where the Laws are not being executed, especially the Constitution & Bill of Rights.[3]

This kind of discussion is missing from the current public debates on the 2nd Amendment and the RTKBA, the 10th Amendment powers, and the County Sheriff’s powers.

[1] The composition of Militia is well documented in early provincial and state Militia Acts, in 1790s federal Militia Acts, in the Federalist Papers, and in the several States conventions debates on ratifying the Constitution. Intentional ignorance of pre-20th century history, original intent and founding documents enumeration can only produce illegitimate and false assertions. Several recent sources re-asserting and re-affirming that the National Guard is not Militia are The 1982 U.S. Senate Report on the Right to Keep and Bear Arms, Safeguarding Liberty by Larry Pratt, editor, Constitutional “Homeland Security” and The Sword and Sovereignty, both by Dr. Edwin Vieira Jr., and the doc film Molon Labe by James Jaeger, now in production. This writer believes that the true major intent of early 20th century color-of-law, that unorganized (disbanded) the People and created “unorganized militia” out of thin air, repugnant to the duties and powers of Art I Sec 8 cl 16, was for the same usurpers and their puppet-masters who pushed through the Federal Reserve Act, the Internal Revenue Act and the 17th Amendment in 1913, to first statutorily (repugnant color-of-law) remove the supreme constitutional authority, duties and powers of We the People/the People of the several States, literally turning the Constitution on its head. In following years, FDR confiscated gold from Americans in 1933, Congress has not declared war since 1941, and the military-industrial complex and the large standing army that the Founders and President Eisenhower warned us about became post-WWII permanent fixtures. For further information on the actions under 1900s and 1910s Presidents Teddy Roosevelt and Woodrow Wilson, Judge Andrew Napolitano has a new book out on them.

[2] Concluding that the early 20th century (alleged) Militia Acts are color-of-law repugnant to the Constitution (NG is Militia; unorganizing the People); therefore, the 1790s Militia Acts must technically be the constitutional governing law, that is not being executed. In those 1790s Militia Acts the power of the County Sheriff to execute the Laws through civilian enforcement is recognized. The elimination of County Sheriffs by the State of Connecticut must be a constitutionally repugnant action, being that federal law and pre-1903 several States Militia Acts enumerate duties and powers required of County Sheriffs.


Dr. Edwin Vieira, Jr., Ph.D., J.D.
July 5, 2005

© 2013 Daniel V. McGonigle III