“Take and Defend the Constitutional High Ground”[1]: A Brief Commentary On Post-Sandy

By Daniel V. McGonigle III

November 10, 2012

The lack of appropriate performance by the centralized FEMA regarding hurricanes Andrew, Katrina, and now Sandy has proven beyond any reasonable doubt that centralized domestic security planning, execution and recovery does not and cannot work. Secondly, that first consideration and conclusion does not even include the fact that FEMA, and now DHS over FEMA, state EMA’s and DHS/IACP Fusion Centers2 are entities allegedly performing security functions, that are in fact enumerated to be within the functions of “the Militia of the several States”3 composed of the whole body of “the People of the several States”,4 through “organizing, arming . . . disciplining . . . Appointment of the Officers; and . . . training”5 at the state, county, and local level, “to execute the Laws6 . . . common Defence and general Welfare7 and other functions performed in conditions where “the public Safety may require it8 . . . in such imminent Danger9 . . . in time of . . public danger10—A well regulated Militia, being necessary to the security of a free State, . .11“. DHS, FEMA, state EMA’s and DHS/IACP Fusion Centers fail to nor were  constitutionally enumerated to provide security functions “necessary to the security of a free State”, and were created by acts12 that are therefore, constitutionally, null and void.

Government today is occupied by actors in a fantasy turned real, acting out a Hollywood movie as pretended reality, pretending it to be truth to the People. A few perfect examples of psycho-sociopathic behavior being exhibited by the occupiers are the leaked youtube video of a federal executive branch seminar instructor shouting to his class, asserting that Thomas Jefferson, George Washington, Paul Revere, and the Founders were terrorists13; and a quote by President Obama regarding the Second Amendment14.

Exactly as it was with post-Katrina, it is with post-Sandy, that lessons of natural disaster planning, security and recovery, and lessons of American constitutionalism and constitutional security have failed to be learned, and those lessons are not being discussed by those responsible for that enumerated American constitutional security—security that is designed, intended, enumerated, and etched in the concrete of the founding documents, based on the Founders’ knowledge of the successes and failures of security throughout world history, and particularly English history and the 150 years of American history prior to independence.

After being introduced to the works of Dr. Edwin Vieira, Jr. at historic Faneuil Hall on the December 14, 2008 Boston Tea Party anniversary event, a proverbial light-bulb went off and I began self-study of the relevant aspects of this issue of American constitutional security. How many politicians, particularly lawmakers and executive commanders-in-chief, have done the same? After all, that study, knowledge, and execution is required by their Oath and by their job description, and for the performance of their duty.

With the encouragement of Dr. Vieira, The Patriot Pastor Garrett Lear, Camp Constitution director Hal Shurtleff, and with what I conclude to be the help of divine providence, I will be publishing soon on this controversial but supremely important subject matter, which we know from post-Katrina, from post-Sandy, from the economic security emergency, and from the “Forward”15 march of tyranny, is subject matter that is urgent to the necessity.

Many in the military and academic intelligencia have attempted to write on American constitutional security, mostly lame attempts, or more likely planned misdirection “giving them Aid and Comfort”16 towards unimpeded implementation of what President George H.W. Bush called in 1990—“a new world order17—[Globalism leading to world government dictatorship led by the self-appointed elite]. Notwithstanding bad scholarship from establishment sources, I believe that the majority of active military, veterans, sheriffs and LEO’s do and would fully support the Constitution and the work of Dr. Vieira, and I believe that the majority would support the legislators of the several States and “We the People18 . . . People of the several States19” in beginning to perform their duty and restoration of original intent.

As has natural disaster security, the compound issues of American economic security, election security, border security, energy security, food security, health security, and general life, liberty and property security have come to the fore. Economic security will come to a dangerous head due to the conditions of the European and American monetary systems, unless the 7,300+ State Legislators restore adherence to the constitutional requirement that States make nothing “but gold and silver Coin a Tender in Payment of Debts”20—electronic sound money being currently available off-the-shelf technology. This sound power of the purse is historically protected by the power of the sword, the sword power being in turn, financed by the power of the purse. A few historical examples of formation, purpose and implementation for security, are the three Massachusetts Bay militia regiments in 1636, and the New England Confederation of 1643.21

Listening to post-election broadcasting of NPR, locally out of Boston University, the radio prognosticators appear to be entirely ignorant of American history and constitutionalism; the same state and condition as the afore-mentioned non-performing politicians. Therefore, one could conclude, based on the current general state of ignorance of the body politic and based on the on-going abdication and forfeiture of political power22, that it may be left solely up to the well-informed patriots—that the likes of the SPLC, DHS, et. al. consider to be enemies of the state thereby twisting truth 180 degrees—to take the necessary steps that State Legislators thus far have failed to take. Vieira has been asserting the necessity for revitalizing of the power of the sword since 2005 and the restoration of power of the purse since years before that. At some future point in time, pursuit of state-level political remedy will be satisfied or it will be exhausted, but it must be pursued.

Through direct experience in social networks and blogs, I’ve seen and when warranted, intellectually destroyed bad arguments of not only socialists, communists, communo-fascists, globalists, et al, and anti-constitutionalists in general, but also those that negatively infect and permeate the liberty and freedom movement. It is recommended to beware of un-American provocateurs, controlled opposition and distractors, several of which I’ve intellectually outed and dispatched; and beware of any self-serving or narrow-focused anarchists, anarcho-capitalists, anarcho-libertarians, anarcho-voluntaryists, balkanizationists, false constitutionalists of any stripe. . . essentially, beware of any non-supporters of the constitutional security enumerated throughout the Constitution and Bill of Rights—beware of non-supporters of the requisite necessary restoration of common defense of protected natural rights,23 rights sourced from “the Laws of Nature and Nature’s God”.24  Stick with those you trust, trust in true constitutionalists, trust in the Founders, trust in Dr. Vieira, trust in Patriot Pastor Garrett Lear, et. al. and In God We Trust.25

It is encouraged that all true constitutionalists-patriots study the Constitution in depth, particularly clauses related to security, study the pre-Revolutionary period and study the works of Vieira, his easy-to-read short commentaries being found at NewsWithViews.com26, in addition to his several books and dvd’s.

Finally, I encourage patriots to directly support the production and publication of James Jaeger’s latest film Molon Labe27 and Vieira’s latest book The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States.28 As I have written several times before, as others have said recently and I repeat it again, the goal is peaceful restoration and return to constitutional operation of the republic—“thy will be done.”29 It must be done through revitalization of constitutional security—“the Militia of the several States”30 and the Second Amendment—“necessary to the security of a free State31 and necessary to full utilization of the Tenth Amendment—the Bill of Rights deterrence remedy for utilization by the States, and remedy for the People when both general and state governments fail to perform.

When each person is sufficiently ready to express the urgent necessities, precisely and concisely, contact your State Representative, your State Assemblyman, your State Delegate, or your State Senator, asap; call them on the carpet and tell them they must perform the job that they are elected and sworn to do; encourage them to form a study commission, asap, for expert testimony to assist them in getting up to speed. Refusal to perform, essentially and as I said, is abdication and forfeiture. We need to start acting as and start executing our power per “We the People . . . do ordain and establish . . . “32.  The state capitols are where the restorative action can happen. Washington, D.C.?—corrupted; an octopus; “gone to the dogs”33; restoration there being next to impossible; until, constitutional security of the several States is revitalized.

“In short, 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. If men, through fear, fraud, or mistake, should in terms renounce or give up any essential natural right, the eternal law of reason and the grand end of society would absolutely vacate such renunciation. The right of freedom being the gift of God Almighty, it is not in the power of man to alienate this gift and voluntarily become a slave.”—Samuel Adams, The Rights of the Colonists: The Report of the Committee of Correspondence to the Boston Town Meeting, November 20, 1772 34

“Section 13. That a well-regulated militia, composed of the body of the people, trained to arms, in the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.”—The Virginia Declaration of Rights, adopted by the Virginia Constitutional Convention of June 12, 1776 35

“§ 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 . . .  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.(2) 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 [burdens], 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.”—Story, Joseph. Commentaries on the Constitution of the United States. 3 Vols., Boston, 1833. (2) 1 Tucker’s Black. Comm. App. 300; Rawle on Const. ch. 10, p. 125; 2 Lloyd’s Debates, 219, 220. [Modern spelling added—DM] The Founders’ Constitution, Volume 5, Amendment II, Document 10, The University of Chicago Press.36



[1]  ”Take and defend the constitutional high ground of government.”—Dr. Edwin Vieira, Jr., from his speech at the Boston Tea Party anniversary event, Faneuil Hall, Boston, Massachusetts, December 12, 2009. Part 2/3 http://www.youtube.com/watch?v=55qeX2u_7Zs&feature=relmfu

2 Razing Expectations: Erecting a Strategic Vision for Fusion Centers http://www.theiacp.org/PublicationsGuides/ResearchCenter/Publications/tabid/299/Default.aspx?v=1&id=1232

3 Article II Section 2 clause 1 http://www.archives.gov/exhibits/charters/constitution_transcript.html

4 Art I § 2 cl 1

5 Art I § 8 cl 16

6 Art I § 8 cl 15

7 Art I § 8 cl 1

8 Art I § 9 cl 2

9 Art I § 10 cl 3

10 5th Amendment http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

11 2nd Amendment — 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.

12 E.O. 12127–“President Carter’s 1979 executive order..”. Being eerily similar to the National Guard’s bogus claim to tracing its’ roots back to 1636 in the Salem, Massachusetts Bay colony–“FEMA can trace its beginnings to the Congressional Act of 1803.” The purpose of federal usurpers entrenched co-opting of power through re-writing history, power actually enumerated to belonging to the several States and to the People, being to facilitate central control by said usurpers in spite of and notwithstanding the restrictions imposed by the Constitution for the United States of America.

13 Fed training video: Christian and founding fathers called terrorists http://www.youtube.com/watch?v=HLA29msr_ic

14 President Obama in pre-2102 election debate: “We’re a nation that believes in the Second Amendment .. and I believe in the Second Amendment.”

15 Slogan of the Obama campaign; name of publication founded by Vladimir Lenin in 1905;  associated with European communist publications and groups. http://www.washingtontimes.com/blog/inside-politics/2012/apr/30/new-obama-slogan-has-long-ties-marxism-socialism

16 Art III § 3 cl 1

17 President George H.W. Bush speech to Congress, September 11, 1990

18 Preamble

19 Art I § 2 cl 1

20 Art I § 10 cl 1

21 http://www.u-s-history.com/pages/h545.html

22 “Conclusion — In many ways the debate over the “militia tradition” in this country–including the Framer’s conception of a “militia”–is framed by this larger debate over the meaning and interpretation of the Second Amendment. As I researched, however, I became aware of an American tendency towards gradual abdication of the responsibilities of citizenship. The demise of the militia is only one example. Low voter turnout and an inability to impanel representative juries both indicate a general willingness to delegate responsibilities to “professionals,” or simply to shirk them, and then complain when the results are not to our liking. As the repositories of sovereignty under our system, we (p.245) have an obligation to pay constant attention to constitutional and political matters. Otherwise, it will remain axiomatic that “the safeguards of liberty” will be left to “controversies involving not very nice people.”[255] It should not be.” — Palladium of Liberty? Causes and Consequences of the Federalization of State Militias in the Twentieth Century, Brannon P. Denning. 21 Okla. City U. L. Rev. 191-245 (1996).

23 “. . . the argument for liberty is not an argument against organization, which is one of the most powerful tools human reason can employ, but an argument against all exclusive, privileged, monopolistic organization, against the use of coercion to prevent others from doing better.” — Friedrich A. Hayek (1899-1992) Austrian Economist, Author and 1974 Nobel Prize-Winner for Economics

24 The unanimous Declaration of the thirteen united States of America http://www.archives.gov/exhibits/charters/declaration_transcript.html

25 First appeared on circulating coins, 2-cent piece, 1864. http://www.coinlibrary.com/info/ingodwetrust.html

26 www.newswithviews.com/Vieira/edwinA.htm

27 MOLON LABE: How the Second Amendment Guarantees America’s Freedom – Trailer www.molon.us

28 SOLICITATION OF INTEREST: FOR MY NEW MILITIA BOOK, Dr. Edwin Vieira Jr., PhD, JD, September 4, 2012 (Currently available in pdf on CD only) http://www.newswithviews.com/Vieira/edwin253.htm

29 The Lord’s Prayer

30 Art II § 2 cl 1

31 2nd Amendment

32 Preamble

33 http://www.joe-ks.com/phrases/phrasesG.htm

34 http://history.hanover.edu/texts/adamss.html

35 http://www.archives.gov/exhibits/charters/virginia_declaration_of_rights.html

36 http://www.mindserpent.com/American_History/books/Story/js_344.htm                            http://press-pubs.uchicago.edu/founders/documents/amendIIs10.html



Constitutional “Homeland Security”: A Call for Americans to Revitalize the Militia of the Several States. Vol. 1 – The Nation In Arms (2007) Edwin Vieira Jr., PhD, JD  http://www.amazon.com/Constitutional-Homeland-Security-Americans-Revitalize/dp/0967175925

The Patriot Pastor Garrett Lear  www.thepatriotpastor.org

Camp Constitution (P.S. Camp Constitution is also in need of your help. Please donate if you are able, to this very worthy family institution.)  http://campconstitution.net/

Guardians for Liberty  http://www.guardiansforliberty.com/


Several key commentaries from the Vieira archive:

PART 1 of 3

Dr. Edwin Vieira, Jr., Ph.D., J.D.
May 6, 2005
NewsWithViews.com  http://www.newswithviews.com/Vieira/edwin11.htm


PART 1 of 8

Dr. Edwin Vieira, Jr., Ph.D., J.D.
July 5, 2005
NewsWithViews.com  http://www.newswithviews.com/Vieira/edwin16.htm


PART 1 of 2

Dr. Edwin Vieira, Jr., Ph.D., J.D.
December 12, 2005
NewsWithViews.com  http://www.newswithviews.com/Vieira/edwin19.htm


PART 1 of 2

Dr. Edwin Vieira, Jr., Ph.D., J.D.
June 26, 2006
NewsWithViews.com http://www.newswithviews.com/Vieira/edwin46.htm


PART 1 of 3

Dr. Edwin Vieira, Jr., Ph.D., J.D.
July 30, 2007
NewsWithViews.com  http://www.newswithviews.com/Vieira/edwin61.htm



By Dr. Edwin Vieira, Jr., Ph.D., J.D.
August 31, 2009

NewsWithViews.com  http://www.newswithviews.com/Vieira/edwin198.htm


PART 1 of 4

By Dr. Edwin Vieira, Jr., Ph.D., J.D.
February 21, 2010

NewsWithViews.com  http://www.newswithviews.com/Vieira/edwin206.htm


PART 1 of 3

By Dr. Edwin Vieira, Jr., Ph.D., J.D.
July 2, 2012

NewsWithViews.com  http://www.newswithviews.com/Vieira/edwin250.htm



Thursday, 20 December 2012

Written by  Joe Wolverton, II, J.D.

TheNewAmerican.com http://www.thenewamerican.com/usnews/constitution/item/13983-federalization-of-state-militias-another-attack-on-second-amendment


Most recent edit of this article on December 20, 2012.

Url: http://campconstitution.bizbuzzweekly.com/2012/11/10/take-and-defend-the-constitutional-high-ground-a-brief-commentary-on-post-sandy-2

Daniel McGonigle  www.facebook.com/DannyMack1775

© 2012  Daniel V. McGonigle III