[ This commentary was originally posted at EnforceOurConstitution.com. http://enforceourconstitution.com/some-factions-allege-that-true-constitutional-militia-exist-despite-the-absence-of-actual-proof-heres-the-straight-dope/ From just a single re-post by Oath Keepers at their facebook page, it has received to date 524 Likes and been Shared 209 times. https://www.facebook.com/pages/Oath-Keepers/182483688451972 ]
By Daniel Vincent McGonigle III [Camp Constitution instructor]
May 7, 2014
Here’s some of the straight dope from true American history, and analysis.
Alleged “Laws” that were not “made in Pursuance thereof” do not qualify as legitimate proof; e.g. such as the repugnant federal and state Militia statutes passed into “Law” since the 1903 Militia Act, currently codified at 10 USC 311 and the 50 State Militia Acts.
The April 29, 2014 commentary “The States and The Sovereign’s . .” posted here re-asserts some previously asserted legitimate proofs that stand un-rebutted, and that same commentary asserts some new proofs (current status of the May 8, 1792 Militia Act), through analysis of historical and constitutional language in American documents and publications, and specific statutory analysis such as of the repugnant 1916 National Defense Act oxymoron “Unorganized Militia”, a phrase that had no historical or constitutional basis whatsoever.
By constitutional enumeration and definition, Militia are State institutions only, to be composed of county and local command structures per State statute; structures which are in turn composed of the whole body of the People. After reading and studying the following key words, phrases, and clauses in American documents, ask yourselves—DO the ALLEGATIONS of State Militia institutions current existence (that must meet the requirements and mandates confirmed by the language in these American documents) CONTAIN ANY TRUTH WHATSOEVER? What will your legitimate answers to the posed questions reveal about alleged Militia existence? (Upper case emphasis added by DVM3)
“A WELL REGULATED MILITIA, COMPOSED of THE BODY of THE PEOPLE, TRAINED TO ARMS ..” – Virginia Constitution, Decl of Rights, Sec 13
“.. EVERY STATE SHALL ALWAYS KEEP UP A WELL-REGULATED and DISCIPLINED MILITIA ..” – Articles of Confederation and perpetual Union, Art VI Clause 4
“.. THE MILITIA TO EXECUTE THE LAWS ..” – Constitution for the United States of America, Art I Sec 8 Clause 15
“This CONSTITUTION, and THE LAWS of the United States WHICH SHALL BE MADE IN PURSUANCE THEREOF .. SHALL BE the SUPREME LAW ..” – 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
“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.” – Noah Webster’s 1828 American Dictionary of the English Language
Story on the 2nd: “§ 1890. The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. ..” – Commentaries on the Constitution of the United States (1833) Joseph Story. First part of Sec 1890 on the Second Amendment
Short list of questions:
1. Do the alleged Militia—the National Guard, the State Defense Forces, or the private groups, meet all the requirements of Militia existence, Militia duty and execution of enumerated Militia powers in any emergency? Are they composed of the whole body of the People, as required? (Determine your own legitimate answers to the questions after analyzing all document quotes.)
2. Did any true constitutional Militia composed of the People provide all the security necessary before, during and after Hurricane Katrina or Hurricane Sandy? How about before, during and after western wildfires? How about before, during and after central tornadoes?
3. Are there any Militia, governed by State and federal statutes, in the four southern border States that have been called forth to guard and protect the southern border, on a rotation basis?
4. Are there any Militia in the country that have been called forth to actively execute the Laws?—i.e. taken lawful actions to enforce the Constitution, Bill of Rights and State Constitutions, or taken lawful actions to stop unlawful actions?
5. Have all able-bodied 17/18 year olds in any local, county or state jurisdiction, been automatically enrolled and reported to their first Militia muster on the town green?
6. What federal or state statutes are the alleged Militia citing as authority, that enumerate the body of the People, each able-bodied person with rank in organized governmental command structures, or that enumerate the body of the People to execute the Laws and enforce the Constitution and Laws made in Pursuance thereof?
7. Are alleged Militia activities limited to domestic activity on American soil?
8. Do alleged Militia members keep their Arms and accoutrements required for Militia duty?
9. Have any alleged Militia units or members made lawful arrests of tyrants, usurpers or criminals?
10. Have any alleged Militia provided lawful security at elections, both outside and inside polling places?
11. Have any alleged Militia secured the health and safety of the food supply, the water supply?
12. Have any alleged local, county, or state Militia units representing the People, the Sovereign, decided the unconstitutionality of alleged “Laws” not “made in Pursuance thereof”, and taken lawful action against said unconstitutional “Laws”?
13. What is the Second Amendment about in its totality? (Few seem to know.) Have any of the recent Second Amendment rallies been true Second Amendment rallies, or just RTKBA rallies?
14. Are alleged Militia (NG, SDF) under local-county-state control, pre-1903 state & federal statutes, and Clauses 15/16/2nd Am per constitutional requirements, or are they under Clause 12 “Armies” federal control through the State Adjutant-General?
(Clauses 11 “ declare War”/12 “raise and support Armies”, and Clauses 15/16 “Militia”, were never intended to all meet and work together, except against a foreign military invasion on American soil.)
Authority sources and quotes from American documents:
“The said United Colonies for themselves and their posterities do jointly and severally hereby enter into a firm and perpetual league of friendship and amity for offence and defence . . . all the parts of this Confederation .. bring a true account and number of all their males .. from sixteen years old to threescore ..” – The Articles of Confederation of the United Colonies of New England, May 19, 1643
“That the lieutenant, or in his absence the chief officer of the militia, in every county, .. shall list all male persons above the age of eighteen years, and under the age of sixty years, within this colony .. under the command of such captain as he shall think fit . . . That every person so as aforesaid inlisted .. shall be armed in the manner following, . .” – Virginia Militia Acts, April, 1757
“Government was instituted for the purposes of common defence .. 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
“.. 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
“That all free male persons between the ages of eighteen and fifty years, . . shall be inrolled or formed into companies, of three serjeants, three corporals, a drummer and fifer, and not less than forty, nor more than sixty-five, rank and file; and these companies shall again be formed into regiments of not more than one thousand, nor less than five hundred men, if there be so many in the county. Each company shall be commanded by a captain, lieutenant, and an ensign; each regiment by a colonel, lieutenant-colonel, and major; and the whole by a county-lieutenant. . .” – Virginia Militia Act, October 17, 1785
“To .. provide for the common Defence ..” – Constitution for the United States of America, 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
“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
“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
Around the same time that President Andrew Jackson was routing out the international banksters, a warning was issued by Justice Joseph Story in his 1833 Commentaries:
“§ 1890. … And 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.”
– Commentaries on the Constitution of the United States, Joseph Story. Last part of Sec 1890 on the Second Amendment
From the 1903 Militia Act:
“.. the organized militia, to be known as the National Guard … and the remainder to be known as the Reserve Militia.” — An Act To promote the efficiency of the militia, and for other purposes, U.S. Statutes at Large, January 21, 1903. Pertinent parts of the original Act are re-printed in “Execute the Laws” To Restore the Republic.
Some private factions allege the right or power to form Militia themselves without superseding civil authority, statutes and regulations, because in their words the government at all levels has failed to adhere to the Constitution. Usurpation is allowed to occur due to lack of political vigilance by the People. Is it just a coincidence that the same private factions never wanted any part of pursuit of political action or remedy? The defeat of the 2009 Mass. “Pandemic Bill” after passing the Senate 36-0, proves the potential of political success by the People when pursued. According to State Constitutions (2 cited above), military power must always be subordinate to the civil power or authority. Civil authority must be politically adjusted or changed first in order then to adjust or change the military power. State legislators now have the duty and power to revitalize the Militia power (“execute the Laws .. suppress Insurrections .. repel Invasions”) with one statute. If legislators continue abdication upon a major emergency, the Sovereign would have the duty and authority, in order to protect life, liberty and property, to make necessary emergency adjustments to restore lawful civil authority in order to restore the Sovereign People’s enumerated Militia powers and duties in “the common Defence” of natural rights.
What do the enumerations, requirements, and your own legitimate answers reveal? What is revealed—of the restorative action necessary to be executed by State legislators? Is the necessity revealed of what must be done by statute?—To bring the mandated State Militia institutions back into proven constitutional compliance, including satisfying the mandate “A well regulated Militia being necessary to the security of a free State”, and including satisfying the mandated duty and power of the States and the People to Enforce Our Constitution through execution of the Laws.
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, safety 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
True Vs. False Militia & Why the Difference Matters, Parts 1 to 3, Dr. Edwin Vieira, Jr., July 30, 2007 — http://www.newswithviews.com/Vieira/edwin61.htm
“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 to Present — www.NewsWithViews.com/Vieira/edwinA.htm
The First American Revolution: Before Lexington and Concord (2002) Ray Raphael. On the events of 1774. — http://www.amazon.com/The-First-American-Revolution-Lexington/dp/156584730X
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 — On the First Clause of the Second Amendment
“Execute the Laws” To Restore the Republic, Vol. 1 (2013) Daniel Vincent McGonigle III, Camp Constitution Press — 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 Militia Acts, 1757 – 1785. — http://www.virginia1774.org/MilitiaActs.html
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
© 2014 Daniel Vincent McGonigle III