The Militia: A Primer For Patriots. Read/Study/SAVE!! (Andy Barniskis)

Friends:

Interesting.

As noted, “Words have meaning.” The meanings change when they become
inconvenient for The State. Read Orwell.

Also — remember that Article I, Section 10 of the main body of the
Constitution prohibits the states from maintaining standing armies,
without express approval from congress. So there is one thing certain
that militias ARE NOT — and that is National Guard units.

–Andy

——————–

This is an excellent essay. Please pass it on. Why don’t they teach this
information in public school??!! Joe.

From: “ICE” <[email protected]

From: [email protected]
Sent: Monday, February 05, 2001 3:53 PM
Subject: [piml] The truth about Militias

http://www.williamcooper.com/vnsexclusivesarchives.html

The truth about Militias

by William Cooper, and Betty Schier, with quotes from Jon Roland

VERITAS News Service, Exclusive — Words have meaning. There is a process we
may use to determine the specific meaning of the word Militia both in the
language and under the law. The 1971 edition of The Compact Edition of the
Oxford English Dictionary defines:

Militia – 1. A system of military discipline, organization, and tactics;
manner of conducting warfare; the arts of war. 2. The control and
administration of the military and naval forces of a country. 3. A military
force esp. the body of soldiers in the service of a sovereign or a state; in
later use employed in more restricted sense to denote a “citizen army” as
distinguished from a body of mercenaries or professional soldiers. 4.b. U.S.
“The whole body of men declared by law amendable to military service,
without
enlistment, whether armed and drilled or not.”

Militia – To call out as Militia

Militiaman – A member of a military force.

Black’s Law Dictionary further defines these terms. Bear in mind that words
have meaning. Under the law the words may not mean what you think.

Also, you will note in the following definition that the Militia is not
subordinate to the state or any other body. The body of citizens constitutes
the body of authority to which the Militia answers.

Militia – The body of citizens in a state, enrolled for discipline as a
military force, but not engaged in actual service except in emergencies, as
distinguished from regular troops, or a standing army. State v. Dawson, 272
N.C. 535, 159 S.E.2d 1, 9

Militiamen – Comprehends every temporary citizen-soldier who in time of war
or emergency enters active military service of the country. Critchlow v.
Monson, 102 Utah 378 131 P.2d 794, 798

The first U.S. document in law is, “The unanimous Declaration of the
thirteen
United States of America”. It sets out the reasons and justifications for
our
separation from England and the Revolutionary War that followed. The
document
places the decision and the power in the hands of the people, and was
clearly
meant to be enforced by the Militia, a citizen’s army. That army, the
Continental Army of the Republic, won our Independence.

The Declaration of Independence (http://www.williamcooper.com/DecInd.htm)
clearly states:

“That whenever any form of Government becomes destructive of these ends, it
is the Right of the People to alter or to abolish it, and to institute new
Government, laying its foundation on such principles, and organizing its
powers in such from, as to them shall seem most likely to effect their Safety
and Happiness… But when a long train of abuses and usurpation’s, pursuing
invariably the same Object, evinces a design to reduce them 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.”

It becomes much clearer. Our Founding Fathers frequently discussed the
meaning and purpose of the Militia. I suggest you read the Federalist Papers,
No. 24 through 34. You will find a complete argument for the Militia as a
“citizens army” consisting of “the whole of the people,” designed to allay
the public fears of a despotic central government.

The following statements may be found:

“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.” …
Federalist Papers, No. 28, Section 8

“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 the invasions of public liberty by the national authority.”
Federalist Papers, No. 8, Section 8

The Constitution for the united States of America
(http://www.williamcooper.com/contxt.htm) is the Supreme Law of the land.
It recognizes the Militia as an already existing force outside the control of
the federal government but allows for the Congress to call forth the Militia
for three very specific occurrences. The Militia cannot be called up to
perform any other acts outside of the three specifically stated in the
Constitution. The Militia cannot be called upon to do anything
unconstitutional, illegal, or unlawful. Indeed, the commanders must refuse
any unconstitutional, illegal, or unlawful order.

The Constitution for the United States of America states in Article 1,
Section 8:

“To provide for calling forth the Militia to execute the Laws of the Union,
suppress Insurrection and repel Invasions; 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 Officers, and the Authority of training the
Militia according to the discipline prescribed by Congress.”

Still fearful of an oppressive central government, the states rejected the
Constitution. They finally agreed to adopt the instrument, but only after
penning further safeguards; to protect the individual and the several states,
10 amendments were added, which came to be known as the Bill of Rights
(http://www.williamcooper.com/bilrtstx.htm).

The Preamble of those amendments, Article II, and Article X are of
particular note:

Preamble – “The conventions of a number of the States having at the time of
their adopting the Constitution, expressed a desire, in order to prevent
misconstruction or abuse of its powers, that further declaratory and
restrictive clauses should be added; and as extending the ground of public
confidence in the Government, will best insure the beneficent ends of its
institution.”

Article II – “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.”

Article X – “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.”

Because freedom, yours and mine, is ultimately dependent upon the rights
guaranteed by all these words, all with specific meaning, it is imperative
that we understand the meaning. A Militia is an armed citizenry which,
according to the American Heritage Dictionary, “…is not a part of the
regular armed forces, but is on call for service in an emergency.” The
Federalist Papers show that the, “Militia,” referred to in the Second
Amendment, is, “the armed citizenry.” It is the right of the, “people,” not
the right of any government entity, which it protects.

“The security of a free state” clearly presupposes that the state (the
citizenry) is free, and needs to secure that freedom by defending the
Constitution for the United States – the guarantor of that freedom –
“against
all enemies, foreign and domestic,” the oath I took twice when I entered the
Air Force, and then later, the Navy.

“Enemies foreign” obviously refers to entities or governments not of our
country. “Enemies domestic” can only refer to an entity or government of our
country, i.e., a government which would choose to make itself an enemy of
the
people by depriving its citizens of their Constitutionally protected natural
rights. This is called tyranny. The primary reason for, and purpose of, a
Militia, an armed citizenry, a Militia available to a government of the
people but beyond the purview of a government against the people, is to
secure the freedom of the people against such a government.

The active clause in the second Article in amendment is “the right of the
people to keep and bear Arms, shall not be infringed.” The phrase, “A well
regulated Militia, being necessary to the security of a free State,” is the
descriptive clause. The meaning is clear.

The Militia, as you have just learned, is a “citizens army” made up of the
“whole of the people” for the purpose of guarding against “betrayal by their
representatives,” to “afford complete security against the invasions of
public liberty by the national authority,” and if either occurs it is their
right, their duty, “to throw off such a government, and to provide new
guards
for their future security.” and that is not all…

Jon Roland puts it this way:

“Some commit the non sequitur that reserving the training of Militias and
the training of their officers to the states, as provided in Article 1,
Section 8, Para. 16, means delegating an exclusive power to the state
governments. It is clear from the language, and from historical analysis of
the development of the Constitution that ‘reserving to the states’ only means
the power is denied to the national government. For the Framers, the State
was the ‘people of the state, ‘not the ‘government of the state’. When they
wanted to indicate the government of a state, they used the language
‘Legislature of the State,’ as they did in Article 1, Section 8, Para. 17. It
was left to the people of each state to decide what powers, if any, to
delegate to their state government for organizing and training Militias and
for the appointment of the officers.

In the absence of such delegation of authority, under common law and
established practice during the period in which the Constitution was adopted,
the authority defaults to local communities. The practice was for Militias to
be organized by county or township, usually under the authority of the
highest elected law enforcement official, such as the sheriff or constable.
However, any credible person could call up the Militia, as Paul Revere did
during his famous midnight ride.

My domicile is in Arizona. I cannot cover the Constitution and statutes of
every state (http://www.williamcooper.com/Militial.htm), so I will cover
Arizona as representative of the average state. You should make a thorough
study of the Constitution and statutes of your particular state because while
most are essentially the same there are a few states with major differences,
such as New York.

The Constitution of Arizona states:

Article 2, Bearing Arms – Section 26. The right of the individual citizen to
bear arms in defense of himself or the State shall not be impaired, but
nothing in this section shall be construed as authorizing individuals or
corporations to organize, maintain, or employ an armed body of men. The
restriction came as a result of the Arizona cattle wars.

The laws of the state of Arizona are clear. Under Title 26, Article 2,
Militia, Section 26-121 it outlines the composition of the Militia and the
persons exempt. Notice who is exempt. And understand that the definition of
exempt in the law means prohibited. Those prohibited are the very ones who
might betray the people. They therefore cannot be allowed to function as
members of the Militia, the last refuge of the people against tyranny.

“The Militia of the state of Arizona consists of all able-bodied citizens of
the state between the ages of eighteen and forty-five years and all
residents
of the state between such ages who have declared their intention to become
citizens of the United States, except: “1. Person exempted by the laws of
the
state or the United States. 2. Idiots, lunatics, totally blind persons and
persons convicted of infamous crimes. 3. Judges and clerks of courts of
record. 4. State and county civil officers holding office by election, and
members of the legislature.”

Title 26, Section 26-122. “Components of Militia – A. The Militia is divided
into the National Guard of Arizona, the state guard when organized, and the
unorganized Militia. …E. The unorganized Militia consists of members of
the
Militia not members of the National Guard or state guard when organized.”

Most people would stop here – that is, if they even got this far. But there
is more, a lot more. The United States has a Militia. It is outlined in the
United States Code. We will use the 1988 edition, Volume Three, Title 10 –
Armed Forces:

Chapter 13 – “The Militia, Section 311, Militia: composition and classes –
(a) The Militia of the United States consists of all able-bodied males at
least 17 years of age and who are, or who have made a declaration of
intention to become, citizens of the United States and of female citizens of
the United States who are commissioned officers of the National Guard. (b)
The classes of the Militia are – (1) the organized Militia, which consists of
the National Guard and the Naval Militia; and (2) the unorganized Militia,
which consists of the members of the Militia who are not members of the
National Guard or the Naval Militia.”

So you see, there is a lot to this Militia stuff. It goes on to list
virtually the same and more exempted persons and for the same reasons as
Arizona. Title 32 mentioned above makes persons who were honorably discharged
from the armed forces members of the Militia until the age of 64, the maximum
age that one may become a member of the National Guard, up until no longer
physically or mentally able to serve. Read all this yourself for a complete
understanding. It is much easier to understand than you may think.

There are many Militias. The first is, and always will be, the Militia of
the “whole of the people,” armed to protect themselves from betrayal by their
representatives and from a government that might become, or has become, a
tyrant. The second, third, and fourth is the Militia of the state, the
National Guard, state guard, and the unorganized Militia of the several
states of the union. The fifth, sixth, and seventh is the United states
Militia, the National Guard, Naval Militia, and the unorganized Militia of
the federal government, its possessions, territories, and trusts. Thomas
Jefferson, in a letter to James Madison, said, “A bill of rights is what the
people are entitled to against every government on earth, general and
particular. …” Again, in his First Inaugural Address, he included among
the, “essential principles of our government …a well disciplined Militia
[and] the supremacy of the civil over the military authority: …and should
we wander from [these principles] in moments of error and alarm, let us
hasten to retrace our steps and to regain the road which alone leads to
peace, liberty, and safety.”

18 USCS, Section 1385 – “Use of Army and Air Force as posse comitatus –
Whoever, except in cases and under circumstances expressly authorized by the
constitution or Act of Congress, willfully uses any part of the Army or the
Air Force as a posses comitatus or otherwise to execute the laws shall be
fined not more than $10,000 or imprisoned not more than two years, or both.”
(added Aug. 10, 1956, ch. 1041, Section 18(a), 70 A Stat. 626; June 25, 1959,
P.L. 86-70, Section 17(d), 73 Stat. 144.) We the people, the citizenry, have
both a right and a responsibility, a duty, individually and collectively, to
keep and bear arms, in order to defend ourselves against all enemies of our
Constitution and the rights and freedoms thereby guaranteed. What kind of
arms? Any kind it takes! Obviously, arms must be kept and borne in a
responsible manner in order to serve the Constitutionally stated need and
purpose.

The Second Amendment is not concerned, as some absurdly would suggest, with
hunting and sporting rights, albeit these rights exist, along with the right
to defend our lives and property. The intent of the Second Amendment is to
arm the citizenry to defend itself against every enemy or government on
earth, foreign or domestic, which would make itself an enemy of the people of
the several States or of the United States of America.

Government is the servant of an armed citizenry; it is the tyrant over an
unarmed citizenry. (Witness the many tragic illustrations of this deplorable
state around the world today.) No government by the people and for the people
need fear the arms of the people; only a government against the people and
their rights needs fear their arms. To lay down our arms is to transfer all
power, all control, from the people to the government, thereby destroying,
not securing, our freedom, for which once men were willing to die. The price
of liberty, as Thomas Jefferson and others have warned, is eternal vigilance,
and as I have warned… you must be willing to die for it. This is not to be
construed as an indictment against our government. But vigilance requires
that we be ever aware that tyrannies have arisen, both from within and from
without, throughout history; that history, indeed, often repeats itself; and
that can happen here and it can happen now. Arise from indifference, take a
stand, unite, form Militias, and advise your congressmen of your resolve.
Remind them that their duty is to serve the people as provided by our
Constitution for the United States of America and that any action that they
may perform that infringes upon our Constitutionally protected rights will
not be tolerated. And don’t neglect to thank those congressmen who support
and defend our rights – that is, if you can find one.

On September 15, 1994, President Clinton, in a speech, praised the patriots
of the American Revolution for having taken up arms against a tyrannical
government. I wonder if he knew or understood exactly what it was that he
said. I wonder if he knew that he came dangerously close to being another
tyrant.

Where does this leave us? The Report of the Subcommittee on the Constitution
of the Committee on the Judiciary, United States Senate, 97th Congress, 2nd
Session, February 1982, page 11 states:

“The ‘Militia’ refers to a concept of a universally armed people, not to any
specifically organized unit. When the framers referred to the equivalent of
our National Guard, they uniformly used the term ‘select Militia’ and
distinguished this from ‘Militia’. Debates over the Constitution constantly
referred to organized Militia units as a threat to freedom comparable to that
of a standing army, and stressed that such organized units did not constitute
and indeed were philosophically opposed to, the concept of a Militia. “That
the National Guard is not the ‘Militia’ referred to in the Second Amendment
is even clearer today. Congress has organized the National Guard under its
power to ‘raise and support armies’ and not its power to ‘provide for
organizing, arming and disciplining the Militia’. (H.R. Report No. 141, 73rd
Congress, 1st Session, February 5, 1953.) This Congress chose to do in the
interest of organizing reserve military units which were not limited in
deployment by the strictures of our power over the constitutional Militia,
which can be called forth only ‘to execute the laws of the Union, suppress
Insurrections, and repel invasions’. The modern National Guard was
specifically intended to avoid status as the constitutional Militia, a
distinction recognized by Title 10 U.S.C. Section 311(a).”

A Militiaman is simply any citizen in his capacity as a defender of the
community, who is obliged to do so within his or her ability. Militiahood is
a role which citizens may play, as the situation requires. It is not a
permanent condition. But just as each citizen has a duty to defend the
community, he also has the duty to prepare himself to play that role
effectively, and to join with others in his community to train and to
function as organized forces; and the elected officials of his community have
the duty to facilitate that organization and training. If those officials fa
il in their duty, the Militiaman must carry on without their participation.

The federal government can only call up the Militia for those things
specifically outlined in Article 1, Section 8 of the Constitution for the
United States of America. Militiamen cannot answer a call from the federal
government for any other purpose. The Militia may be called up by a state
governor for many reasons other than those cited in the Constitution for the
United States of America. No Militiaman can ever answer any call that would
involve him or his unit in anything that is illegal, unlawful, or
unconstitutional. No Militia unit or Militiaman can ever accept or carry out
any order that is illegal, unlawful, or unconstitutional. If the federal or
State government ignores the restraints put upon them by their constitutions
and constitutional laws, the Militia is obligated, it is their duty, to march
upon that government and enforce the laws of the State or of the federal
government and restore those Constitutions as the supreme law of the land.

America is forgetting its history. It was the Militia that created this
nation. It was the Militia that freed the slaves. The Black Panthers was a
Militia. It has been the Militia that has fought most of the nation’s
battles… and it has been Militiamen that have suffered most of the
casualties of the nation’s wars.

The ADL is against the Second Amendment, the Militia, and Freedom of
Speech. It is most probable that the Anti Defamation League of B’nai B’rith
has an agenda that is not in the best interest of American Jews or Americans
in general. Maybe the ADL has forgotten, or maybe never knew the history of
the its own People. It was a Jewish Militia that fought against Rome. It was
a Jewish Militia that rose up in the Warsaw Ghetto. It was the Militia that
protected Jews in Palestine. It was the Militia that created the State of
Israel. It is the Militia that protects the villages and towns of Israel
today. It is the Militia called the Jewish Defense League that professes to
protect Jews worldwide. “Jewish Defense League upholds the principle of
Barzel — iron — the need to both move to help Jews everywhere and to change
the Jewish image through sacrifice and all necessary means — even strength,
force and violence. The Galut image of the Jew as a weakling, as one who is
easily stepped upon and who does not fight back is an image that must be
changed. Not only does that image cause immediate harm to Jews but also it is
a self-perpetuating thing. Because a Jew runs away or because a Jew allows
himself to be stepped upon, he guarantees that another Jew in the future will
be attacked because of the image that he has perpetuated. JDL wants to create
a physically strong, fearless and courageous Jew who fights back. We are
changing an image, an image born of 2,000 years in the Galut, an image that
must be buried because it has buried us. We train ourselves for the defense
of Jewish lives and Jewish rights. We learn how to fight physically, for it
is better to know how and not have to, than have to and not know how.” –
Jewish Defense League

The Jewish Defense League is indeed a Jewish Militia. It’s dedication and
sacrifice in protecting Jews worldwide is commendable. It is sad, however,
that the JDL practices exactly what its enemy1s practice… racism. The
Jewish Defense League protects only Jews therefore it is not a lawful Militia
within the borders of the United States of America.

It was the Militia that fought against the might of the Soviet Union in
Hungary. The Militia of the Mujahadeen fought them in Afghanistan. And
Militias fight the Russian tyranny today.

I could go on for another 100 pages listing the accomplishments of brave
Militiamen in the fight for Freedom throughout the history of the world, and
upon the battlefields of today. But… if you do not yet understand that no
one volunteers to fight on the side of despotism, but only on the side of
Freedom… another 500 pages would not make a difference in your thinking.

“A nation or world of people who will not use their intelligence are no
better than animals that have no intelligence. Such people are beasts of
burden and steaks on the table by choice and consent.” Quote from Chapter
One of Behold A Pale Horse, by William Cooper