Militia Educational Study
questions as to "Militia" formation.
Background for study questions:
(click link for web site) states that it
"recognizes as constitutional “Militia” only such groups as
have been formed and operate under lawfully mandated statutes within
question is posed: what happens when the federal and State governments
have over time relegated the vast majority of citizens into an
unconstitutional classification of "militia" for which
there is no training and no organization (it is called the "unorganized"
militia)? How does this impact the balance of power in our
U.S. Constitution and Bill of Rights provide for a remedy as against
tyrannical and oppressive government(s). Specifically, as a last
resort, WE THE PEOPLE have the unalienable God given right to defend
against tyranny and oppression. If such a state of affairs were to
arise, then WE THE PEOPLE have retained the power to take back our
freedom and liberty by force of arms. Such is the purpose of the
Individual Right to Keep and Bear Arms and such is a foundational
building block of our nation. (See Declaration of Independence).
At the time of the
American Revolution, WE THE PEOPLE (the militia), were in fact
organized and trained in military matters. Militia duty was required,
and citizens were required to show up for muster and provide their own
firearms. Ordinary armed citizens (the Militia) engaged in armed
battle against government troops on April 19, 1775 when the government
marched on Lexington and Concord to seize guns, ammunition and
supplies of the citizens.
In contrast, today,
many citizens know little about our Constitution, Bill of Rights or
Declaration of Independence, and know even less about the fact that
they are part of the militia of the several states, in spite of their
ignorance about even being a member of such militia.
So, in the event of
tyranny and oppression, how are Americans who value freedom and
liberty to respond? Does the mere "fact" that the federal
and State governments have unconstitutionally relegated you to the
status of "unorganized militia" (for which no such
provision exists in the Constitution) mean that you have no
recourse? Of course, statutes may classify your attempts to
organize a "local militia" as crimes. Thus, as any
lawyer will tell you -- you must consult legal counsel so that you
don't run afoul of any applicable laws and face civil and/or criminal
is made that the militias of the American Revolution were
"authorized", one must put that statement in some
perspective. At the time of the American Revolution, the
actions of our forefathers were crimes of treason against our then
government. Militia officers loyal to the Crown were even forced to
resign (e.g., locked in a smoke filed structure until they resigned
their position). "... America's Colonial Militiamen
were themselves all "criminals" under British law, as would
be any modern Militiamen fighting usurpers and tyrants, if judged
according to the usurpers' and tyrants' "laws"!" (see: States'
Militias Guarantee RBKA Part 1). Did our forefathers merely
"ignore" the advice of their own legal counsel? Or was
there a "higher" authority?
states: "... because an armed people
constitute the only true and lasting "homeland security" in
"a free State" and under "a Republican Form of
Government", (citation omitted) "the right of the people to
keep and bear Arms [must] not be infringed" (citation omitted) -
and to secure their enjoyment and make effective their exercise of
that right WE THE PEOPLE must organize, arm, discipline, and train
themselves in "the Militia of the several States" whenever
public officials neglect, fail, or refuse to do so."
(emphasis added). See (Constitutional Homeland Security,
at pages 92 and 93).
"Finally, it entails inculcation in
every member's mind of an unshakable belief in both: (i) the
importance of "the Militia of the several States" to the
survival of constitutional government in this country - that
"[a] well regulated Militia" truly is "necessary
to the security of a free State" and maintenance of "a
Republican Form of Government"; and (ii) the ability of common
Americans to revitalize the Militia by statute, or, if the time
proves too short for that, to weather whatever terrible storms are
approaching this Nation, by themselves assuming the powers and duties
of the Militia on their own recognizance." (emphasis added).
Homeland Security, at page 93).
That author further states that ..."CHSAs [Citizens' Homeland
Security Association's] provide the best, if not the only, means
to encourage common Americans to perform the functions of
"homeland security" in a crisis if "the Militia of the
several States" are not revitalized by statue in time, and
regularly constituted police and other governmental agencies are
unable or unwilling to maintain constitutional law and order by
"insur[ing] domestic Tranquility, provid[ing] for the common
defence, *** and secur[ing] the Blessings of Liberty to ourselves and
our Posterity". (citations omitted). (See Constitutional
Homeland Security, at page 144).
As stated above, Common Americans have been
unconstitutionally excluded from "the Militia of the Several
States" by being included in 'the unorganized militia' ". Read
Vieira (fn. 346 - click this link) We
must also recall that "Militia" existed
before our government was formed, for it is WE THE PEOPLE. As
Vieira states: "the Militia of the
several States" rank alongside We the People themselves, because
the Militia are composed of the people, and, in the final analysis, We
the People's sovereignty depends on their control of the Power of the
Sword through their Militia" (See: States'
Militias Guarantee RBKA Part 2).
Edwin Vieira, Jr., Ph.D., J.D. May 6, 2005 in his article - "ARE
YOU DOING YOUR CONSTITUTIONAL DUTY FOR "HOMELAND SECURITY"?
- Dr. Vieira, states, inter alia:
Militia are composed of We the People in arms, all Americans
retain the right and reserve the power to array themselves in
"the Militia of the[ir] several States" should Congress
and the States completely fail, neglect, or refuse to perform
their duties in that particular. This right and power derives
the People's explicit adoption, incorporation, and
empowerment of the Militia in the Constitution, which cannot
be defeated by inaction, incompetence, negligence, or
criminality on the part of their mere agents;
mandate of the Second Amendment, which recognizes (i)
"[a] well regulated Militia" as "necessary to
the security of a free State", (ii) "the right of
the people to keep and bear arms" as the precondition
for such a Militia, beyond the power of public officials to
"infringe[ ]", and therefore (iii) the right of
the people to form themselves into constitutional Militia
when "the security of a free State" is at risk;
and, in the final analysis,
the case of a criminal conspiracy among public officials to
deprive Americans of their lives, liberties, or property,
the overarching principle of the Declaration of
Independence, that "when a long train of abuses and
usurpations, pursuing invariably the same Object evinces a
design to reduce the[ people] under absolute Despotism, it
is their right, it is their duty, to throw off such
Government, and to provide new Guards for their future
security" "(emphasis added).
the U.S. Constitution and Bill of Rights, the ordinary
armed and trained American Citizen (i.e., "... composed
of the body of the people, trained to arms")
constitute the only political / governmental
institution that is "necessary to the security of a
Second Amendment, The States, and the People (E.
Viera, Constitutional Law Attorney)
Rights on Trial (E. Viera, Constitutional
VIEW FILM: "2AToday
for The USA"
read: The Sotomayor Scare States,
Not Supreme Court, Hold Key To Liberty
Pastor Chuck Baldwin which states, in part: ..."Hamilton
goes so far as to say, if the federal government has usurped its
powers and the people of the states feel it necessary, the states
should secede from the union, dividing "themselves into as many
states as there are counties, in order that they may be able to manage
their own concerns in person.""
Pager #26, Hamilton: "The people should resolve to recall all
the powers they have heretofore parted with out of their own hands,
and to divide themselves into as many States as there are counties, in
order that they may be able to manage their own concerns in person."
Pastor Chuck Baldwin further quotes the
federalist papers: ..."It may safely be received as an
axiom in our political system, that THE STATE GOVERNMENTS WILL, IN ALL
POSSIBLE CONTINGENCIES, AFFORD COMPLETE SECURITY AGAINST INVASIONS OF
THE PUBLIC LIBERTY BY THE NATIONAL AUTHORITY. Projects of usurpation
cannot be masked under pretenses so likely to escape the penetration
of select bodies of men, as of the people at large. The legislatures
will have better means of information. They can discover the danger at
a distance; and possessing all the organs of civil power, and the
confidence of the people, THEY CAN AT ONCE ADOPT A REGULAR PLAN OF
OPPOSITION, in which they can combine all the resources of the
community. They can readily communicate with each other in the
different States, and UNITE THEIR COMMON FORCES FOR THE PROTECTION OF
THEIR COMMON LIBERTY." (Emphasis added.)
#28, Hamilton: "If the representatives
of the people betray their constituents, there is then no resource
left but in the exertion of that original right of self-defense which
is paramount to all positive forms of government...".
Questions for Group
1. How do you reconcile the above positions that, on the one hand, it
is claimed, Constitutional
Militia are only those formed and operated under lawfully
mandated statutes within particular states (per CommitteesofSafety.org); and the other
source materials stating that - WE THE PEOPLE, under certain circumstances, assume the powers
and duties of the Militia on their own recognizance?
How does the above relate or not relate to the formation of the Green
Mountain Boys Militia of the American Revolutionary War? [See:
citizen militia - the Green Mountain Boys
What would be potential facts and circumstances in your City
which would cause such an "assumption of powers and duties"
(i.e., of the Militia) to take place?
How would you and the citizens in your City react if a situation took
place in your town as did in Athens
would citizens in your City organize and assume the powers and duties
of the Militia under such facts and circumstances (e.g., Athens)?
6. If it were determined that someone had gained access to a
very high office of the United States government through fraud, and
that his / her occupation of the office were in clear violation of the
U.S. Constitution, how would you react: (a) if other branches of
government promptly corrected the situation and removed him / her
(with resulting criminal prosecutions); and (b) if all other
branches of the government affirmatively failed and refused to correct
the situation, thereby allowing the usurper to remain in power in
clear violation of the U.S. Constitution?
In questions 4 and 6 (b) what would you do; and do you feel that
you, as a member of the Constitutional Militia, would have any
affirmative Constitutional duty? If so, what would that duty be?
Additional Recommended Reading:
Guarantee RBKA Part 1
Guarantee RBKA Part 2
NOTE: The purpose of the above questions is
for educational purposes to facilitate discussion and research on
matters relating to the U.S. Declaration of Independence, U.S.
Constitution, and the Bill of Rights. There is NO INTENT FOR VIOLENCE,
but merely to raise important questions for educational and study
This set of Militia Study Questions last
updated: 3/22/2010 (additional information will be provided):