Thursday, April 05, 2007

Milita or Department of Homeland Security? Freedom or Police State?

Why isn't the President organizing militias to combat terrorism and the threats associated with weak borders? Why isn't Congress helping him? They both have a responsibility to do so.

Article 2, Section 2:
The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States...
And, duties of Congress include:
Article I, Section 8

To provide for calling forth the militia to execute the laws of the union, suppress insurrections 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 the officers, and the authority of training the militia according to the discipline prescribed by Congress;


We often complain about unconstitutional laws obstructing the "individual rights" portion of the 2nd Amendment. Yet, there is also a militia responsibility tucked in there.

And reading the Constitution, it seems clear that the President and Congress must allow militias to defend the country in times of great peril. Why don't they let the people help now? It wouldn't cost much to fund, millions of gun owners would participate, and there would be no need for a police or surveillance state. Aren't the President and members of Congress once again behaving in an unconstitutional way?

By the way, I don't want to hear anything like "the National Guard is our modern militia." If that is true, why are National Guardsmen and women serving overseas? The militia serves at home. Unlike a state militia, the National Guard is federally funded, has bases on federal land, and uses federally-owned weapons, vehicles, buildings and uniforms.

I'd also refer people espousing the National Guard argument to read 10 USC 311 which defines the militia as more than the National Guard. Among other things, "The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States..."

Meanwhile, 32 USC 109(c) states:"...a State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia may, as provided by its laws, organize and maintain defense forces. A defense force established under this section may be used within the jurisdiction concerned, as its chief executive (or commanding general in the case of the District of Columbia) considers necessary, but it may not be called, ordered, or drafted into the armed forces."

Finally, the Constitution and the Bill of Rights were written and approved 1780's, while the National Guard wasn't created until 1916, 130 or so years later. It was put under permanent Federal control in 1933.