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ARE YOU DOING YOUR CONSTITUTIONAL DUTY FOR "HOMELAND SECURITY"?

Parts 123

Comments

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-Declaration of Independence

-U.S. Constitution

-The Bill of Rights

-Militia Act of 1792

-Other Research Links and related matters

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Massachusetts Militia Companies and Officers in the Lexington Alarm

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Militia, Standing Armies, and the Second Amendment
Some Perspectives from the American Revolution

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The Arms of the People Should Be Taken Away" by Stephen Halbrook 

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"unauthorized" citizen militia - the Green Mountain Boys 1770's

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Order to Seize American's GunsPatriot's Day April 19, 1775 

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Sam Whittemore

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The Battle of Bunker Hill - June 17, 1775 

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The Warsaw Ghetto Uprising: On April 19, 1943, the Warsaw ghetto uprising began after German troops and police entered the ghetto to deport its surviving inhabitants. Seven hundred and fifty fighters fought the heavily armed and well-trained Germans. The ghetto fighters were able to hold out for nearly a month... 

Battle of Athens, Tennessee August 1-2, 1946

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Deacons for Defense 1964  

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"Common Americans have been  unconstitutionally excluded from "the Militia of the Several States" by being included in 'the unorganized militia' ". Read Vieira (fn. 346)

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Katrina

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All Rights Reserved 2009

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Militia Educational Study Program:

-Discussion questions as to "Militia" formation.

Background for study questions: 

     The  CommitteesofSafety.org (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 particular states".

      Thus, a 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 Constitutional Republic? 

      The 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 sanctions. 

     Although discussion 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?  

      One author 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). See  (Constitutional  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).

Dr. 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:

..."the 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 from:

  • We 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;
  • the 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,
  • in 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).

 

Consider the following fact:

According to 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 free State".

       Read  The Second Amendment, The States, and the People  (E. Viera, Constitutional Law Attorney)

       Read Gun Rights on Trial (E. Viera, Constitutional Attorney)

         VIEW FILM:   "2AToday for The USA"

        Further, read the following: Is Posse Comitatus Dead? Is the Constitution Dead?'(Question 46,' Revisited)
       

           The Green Mountain Boys, according to one source, was an "unauthorized" citizen militia. See also pages 11, 12 and 13 from  American Revolution: people and perspectives - Google Books Result . But, from whose perspective is it unauthorized?

       Also, 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.""

          Federalist 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.)

         Federal Paper #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...".

           Also, read about The Battle of Athens, Tennessee August 1-2, 1946 where American Citizens Were Forced To Take Up Arms As A Last Resort Against Corrupt Government Officials.  Also, see The People Retain the Right To Arm Themselves.

Questions for Group Discussion: 

      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?  

      2. How does the above relate or not relate to the formation of the Green Mountain Boys Militia of the American Revolutionary War? [See:  "unauthorized" citizen militia - the Green Mountain Boys 1770's].

      3. 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? 

      4. How would you and the citizens in your City react if a situation took place in your town as did in Athens Tennessee (1946)?

      5.  How 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?

      7.   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:

States' Militias Guarantee RBKA Part 1

States' Militias 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 purposes.

This set of Militia Study Questions last updated: 3/22/2010 (additional information will be provided):

 

 

 

 

 

Militia Study Questions:

- Formation

 

-Unconstitutional Socialized Health Care

 

-Unconstitutional President

 

-States Sovereignty

 

-Unconstitutional Infringement of Right to Keep and Bear Arms

 

CONTACT Provide  comments to Militia Study Questions

BILL OF RIGHTS FILMS

"2AToday for The USA"

Copy at LassenSharpshooters.com

"No Guns for Negroes" (racist history of American gun control laws)

Jury Nullification

Oath Keepers

10 Orders

Principles of Republic

Also see video

 

Appleseed Project

 

Sheriff Mack

 

Committees of Safety

 

 

 

 

"Common Americans have been  unconstitutionally excluded from "the Militia of the Several States" by being included in 'the unorganized militia' ". Read Vieira (fn. 346)

 

In Re the Constitution:

Natural Born 

 

"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...."

Quoted from Joseph Story* in, “Commentaries on the Constitution” (1833). 

* Former Associate Justice of U.S. Supreme Court

 

"...The one thing that is absolute is that the Second Amendment guarantees a personal and individual right to keep and bear arms, and prohibits government from disarming the people...."

Quoted from: Silveira v. Lockyer - Dissent by: Judge Kozinski.