DP Tool Club 17/CD_ASCQ_17_101194.iso/vrac/miltxt.zip/MILITIA.TXT

Text File | 1994-08-26 | 21KB | 341 lines

#: 659630 S15/Gun Politics/SRA
    13-Aug-94  21:27:34
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     13-Aug-94 17:01 EDT
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FOR IMMEDIATE RELEASE               INFO: JON ROLAND 319/264-2511


          CONSTITUTIONAL MILITIAS FORMING ACROSS NATION

     SAN ANTONIO, TEXAS, AUGUST 7, 1994 -- Jon Roland, a founding member of the
Texas Militia Correspondence Committee, today reported that constitutional
militias have so far been organized in 15 states: Texas, Montana, Oregon,
California, Colorado, Florida, Indiana, Michigan, Tennessee, New Mexico, Idaho,
Arizona, Utah, Nevada, and Ohio, and inquiries for information on how to
organize militias have so far been received from every state except Delaware
and Hawaii. Roland said that units have been formed in at least 10 counties in
Texas alone, with more forming each week.
     Roland said that most such militia units are keeping a low profile for the
time being, until they become established, mainly recruiting through word of
mouth and announcements on talk radio. He said that the Texas Militia
Correspondence Committee is not in contact with most of them yet, but has found
the materials produced by the Texas group being widely copied and circulated.
     "The main motivating factor for this recent unsurge in activity," said
Roland, "has been the ill-conceived gun control provisions of the current Crime
Bill. People everywhere see it not only as a major assault on their
constitutional rights to keep and bear arms, but as a more sinister preparation
for depriving them of  their other constitutional rights after they have been
disarmed. They perceive a greater threat from criminal officials than from
criminal street gangs."
     Which is not to say that some officials have not become involved, as well.
"Several counties in Western Florida have declared all their citizens to be
members of the Militia," Roland said, "and Catron County, New Mexico, has just
joined the list of communities that actually require all their heads of
households to keep a gun suitable for militia duty. We haven't seen this much
organizing activity since the Civil War, or so much legislative activity since
the Militia Act of 1792, which required every able- bodied male citizen of the
United States to keep a firearm."
     "It is not just gun rights that are involved in this movement," Roland
said. This Crime Bill is only the latest move in what people perceive as a
progressive overthrow of the Constitution by a conspiracy of special interests
that are not accountable to the people and which operate above the law.
Patriotic Americans don't just want to hang on to such rights as they have
left, but to roll back this growth of tyranny. They have lost confidence in the
integrity of our legal institutions, including courts and elections."
     "Much of the legislation that has been adopted and that has become
established during the past 60 years is unconstitutional," Roland added. "For
too many legislators, the Constitution has become just window-dressing.
Lawmakers  support the provisions they like and discard the rest, and even the
provisions they support are subject to compromise just like those of an
ordinary statute."
     "That is not to say," said Roland, "that there are not powers that the
federal government has assumed that are not appropriate for it to exercise, but
not until after the Constitution has been amended to delegate such powers to
it." Examples of such powers might include regulation of aviation and
electronic communications, he added.
     "The main cause of this incremental overthrow of the Constitution has been
demands from special interests, and sometimes from the people, for solutions to
problems without a demand to keep the solutions constitutional. Legislators
yield to these pressures, leaving it to the courts to strike down the
provisions that are unconstitutional. But the courts avoid doing that. Instead,
they engage in the most amazing twists of logic to try to go along with what
the lawmakers and bureaucrats have done. The result is that we are becoming a
government of men instead of law, with no truly guaranteed rights or
limitations on powers. And there is no shortage of corrupt or overzealous
officials to step in to abuse their new powers. The result is a creeping
tyranny, which, as it affects more and more citizens, is causing growing
frustration, disillusionment, and anger."
     "The Framers envisioned a Militia System for this country," said Roland,
"similar to that of Switzerland. We have allowed that system to fall into
disuse, and we are now suffering the consequences of that. It is time to revive
the constitutional militia, as a substitute for bureaucratic action and as a
check on abusive government".
     "The assault on Mount Carmel has been the wakeup call for our generation,"
said Roland. "The whole world saw agents of the U.S. Government, supposed to be
the standard for liberty, get away with murder. We no longer regard the feds as
the good guys, without question."
     "The present Crime Bill just reinforces this suspicion," said Roland. "It
does almost nothing to protect the public. What is does do is extend federal
control in ways that only make sense if it is a preparation for an overthrow of
the Constitution. All that money for policemen is only going to fund federal
agents in local law enforcement organizations that can perpetrate abuses under
the cover of those organizations and prevent those organizations from doing
anything to stop those abuses, as the Texas Rangers almost did at Waco."
     "We no longer have confidence in local law enforcement to protect us,"
said Roland. "If there is another Waco," said Roland, "we will look to the
Militia to defend the innocent, and the outcome may be quite different. The
first American Revolution began with an attempt by the authorities to disarm
the people," Roland said. "It could happen again."
------------------------------------------------------------------
                   Reviving the Ready Militia

Copyright (C) 1994 Constitution Society Permission is hereby granted to copy
with attribution for noncommercial purposes


Components of the Militia

  When asked what the Militia was, George Mason, one of the Framers of the U.S.
Constitution, said, "Who are the Militia? They consist now of the whole people,
except for a few public officers." Yet we also see statutes like 10 USC 311,
which defines it as "all able- bodied males at least 17 years of age and,
except as provided in section 13 of title 32, under 45 years of age who are, or
have made a declaration of intention to become, citizens of the United States."
Some state statutes define it as "able-bodied males" of different age ranges,
such as 16 through 59.
  These statutes also divide the Militia into various classes, such as
"organized" or "unorganized", in the case of 10 USC 311, or "active" and
"reserve", as many states do, with "active" being considered the National or
State Guards, but not the national armed forces.
  To understand how these definitions have arisen, one must first understand
what the Framers of the U.S. Constitution had in mind for the new Republic they
had created. They allowed for a standing national army, but insisted that it be
kept small, and although it might be the first force to be called out, and the
only force to be sent abroad, the primary defense of the country was to be the
duty of ordinary citizens, who would be kept in a state of military readiness
while leading their normal lives, and who would be called up to "repel
invasions, suppress insurrections, or execute the laws", for limited periods of
time. At the time the Constitution was adopted in 1789, the well-established
tradition was for local militia units to be kept in a state of readiness in
each and every community. Such units were organized and trained locally,
perhaps led by the local town or county officials, but otherwise independent of
official control when not actually called up for service.
  When lawmakers tried to define the "militia" by statute to consist of less
than the entire body of citizens, they were defining those citizens who would
be required to be kept in a state of readiness, as was done in the Militia Act
of 1792, which required able-bodied males age 17 through 44 to keep a "musket
or firelock". However, persons younger than 18 and older than 45 regularly
responded to call-ups of the Militia and were accepted as part of it. There
were even some women who participated.
  The Framers also insisted on a distinction between the "genuine" Militia and
a "select" militia, which they viewed as a danger, just as much a danger as a
standing army. They did not want a militia whose members might consist of
anything less than the entire people, or at least able-bodied ones in a certain
age range, because if selected on any other basis, they might be used to
oppress other parts of the population.
  Actually, George Mason provided the best definition. It only needs to be
broken out into various classes, representing the order in which persons would
be called out for military service. Qualifications like "able-bodied" or "male"
or "age 18-44" only establish who would be first called to service, with the
expectation that they would be adequate for almost any situation, but it allows
for calling up other persons if needed.
  This suggests a hierarchy of classes:

  (1) National Army.
     (1) Full-time. Army, Navy, Air Force, Marines, Coast Guard.
     (2) Part-time. Reserves, National Guard.

  (2) State and Local Select Militia. But these are not "general" militias.
They are paid and equipped by the State or by local governments.
     (1) Full-time. State and local law enforcement officers.
     (2) Part-time. State Guard.

  (3) Obligatory Militia. Able-bodied male citizens of a certain age range, who
are required to be kept organized and trained, but at their own expense. Age
range is 18-44 for federal purposes, but states may establish other age ranges.

  (4) Volunteer Militia. Citizens not part of obligatory militia who
voluntarily participate in activities of the obligatory militia, again at their
own expense.

  (5) Ready Militia. The combination of (3) and (4) above, who would be called
up after the armed forces and the regular militia, but who are also those
likely to be first on the scene in emergency situations. It is not a "select""
militia.

  (6) Reserve Militia. All other citizens, including children, the elderly, the
less-able, and women, and perhaps foreign visitors as well, who might be called
up after the ready militia, if needed.

  What is missing from the current picture is the ready militia. Most states
now lump it in with what we are here calling the reserve militia, and in fact
often call it that. The ready militia is what the Framers meant when they used
the term "militia". It is also what the Swiss mean by the term, and it was the
Swiss model that the Framers had in mind for the United States. The ready
militia was to serve as a counterbalance to the armed forces and regular state
(select) militias.
  It should be noted that the obligatory militia is usually defined to exempt
certain public officials, and perhaps persons with certain occupations, whose
usual duties are considered essential.
  Choice of words can be indicative. 10 USC 311 lumps the ready and reserve
militias into what it calls the "unorganized" militia, with the implication
that it is to remain unorganized, since no provisions for organizing and
training the ready militia are given, contrary to the intent of the Framers.

Militias are local and independent

  Often heard are arguments about whether militias are state or national, but
the militia, like citizenship, is fundamentally local. We are first and
foremost citizens of our local community. The word "citizen" has the same root
as the word "city". Although people may also be concurrently citizens of larger
political entities, such as states or the nation, and although those entities
may be considered to be composed of their citizens, they are essentially
composed of localities, and it is the local community that is the basis for the
social contract, although it may be considered to include a certain amount of
surrounding territory. Today we would usually identify the locality with the
county.
  Just as militias are essentially local, so also are they essentially
independent of established authorities, since the militia may have to challenge
or bypass those authorities if they abuse their authority or fail to perform
their lawful duties.


  The legal basis for assemblies of militias are two natural rights: the right
to assemble and the right to keep and bear arms. Combined, they are the right
to assemble bearing arms. The Framers considered it obvious that rights which
could be exercised separately could be exercised in combination, and would have
thought present attempts to outlaw independent assemblies of militia units as
absurd. The term "well-regulated" used in the Second Amendment to the U.S.
Constitution did not mean "regulated by some official". It meant "well-trained
and disciplined". A militia can and should be self-regulated.
  The U.S. Constitution, in Article I Section 8, does provide for States to
organize and train their militias according to standards established by the
U.S. Congress, and to appoint the officers, but it was not the intention of
that clause to authorize states to forbid local organization and training of
militia units, but to require that they be organized and trained. If the state
fails to do so, people have not only the right but the duty to organize and
train themselves locally, using their own arms. Just as they have the right and
duty, failing action on the state level, to conduct elections, enforce the
laws, establish courts, and so forth.
  Of course, a militia unit that is not called up by any official, but by its
own members, does not have the authority to compel participation through some
kind of sanction, such as the imposition of a fine. Therefore it will be
composed of volunteers, who may not represent a cross-section of the general
population. In this situation, the militia members must make a special effort
to avoid having the militia unit take on the attributes of a private
association, such as by always calling up the militia using public notices, and
allowing any responsible citizen to participate. It must also avoid any
suggestion of partisan or sectarian bias, and limit itself to constitutional
actions.
  To do this, a militia unit should always refer to itself as the
"[state/county] militia" and not adopt a name that would suggest some kind of
private association, something that would expose its members to legal action
against it as a legal "person" or as a "conspiracy". There can't be a
conspiracy of the entire population of an area, and a court can't serve the
entire population with process, even if not all of them are present at
meetings.

Organizing strategy

  Militia units of 50-200 members should be organized at the local level, by
going house by house, covering entire neighborhoods, towns, and counties.
  This will initially be easier to do in rural areas, where people are already
more receptive to the patriotic message. In urban areas, it may work better to
start by organizing "neighborhood associations", then educating the members
gradually until it can be converted into a self-conscious militia unit.
  Co-ordination among local units should be done using correspondence
committees, which is the traditional method. These committees do not attempt to
act as regional,, state, or national organizations, but only to facilitate
communications among local units, the sharing of literature, and the building
of a consensus for action.
  Some units might try to publish newsletters or other documents, but in most
cases, it will be better to publish through established magazines and various
alternative media, and distribute extra copies. Members may agree to subscribe
to media that co-operate in publishing supporting materials.

Dealing with official resistance

  For some time now the Establishment has discouraged the formation of armed
groups, including independent constitutional militias. They don't want the
"unorganized" militia to become organized. Besides legal and illegal
harassment, militia leaders must prepare participants to deal with attempts to
infiltrate militia units. This can take three main forms:
  Moles. Agents who pretend to be trustworthy but who are mainly focused on
obtaining information about militia members and their activities.
  Provocators. Agents who pretend to be responsible members, then, when least
expected, do something which seeks to discredit the militia and perhaps provoke
official action against it.
  Dissipators. Agents who pretend commitment until they can assume positions of
influence within the group, then use it to divert them into ineffective or
unproductive activities, such as endless debate, socializing, and divisive
disputes, or to reduce morale and resolve.
  The best protection against infiltration is to teach members to be vigilant
to it and to have a large number of small units and many leaders, none of whom
is critical. There should be little or no leadership on the state or national
level, other than a network of correspondence committees that facilitate
communications.
  It is also important to try to establish good relations with local and state
officials, to the extent possible. Work with them to help them solve the
problems of the community, and encourage them to ask the militia to assist
them. Resistance from such officials should be countered by getting better ones
elected or appointed.

Subjects for action

  One of the most important subjects for action by local militia units is
investigation of election fraud and other kinds of official corruption. It will
do little good to try to elect better officials if elections are rigged, and if
they are, the militia may become the only way for citizens to secure their
rights. If such fraud is found, it will also help to build public support for
further militia action and for greater participation.
  Another key subject is to inform citizens of their right and duty, when
serving as jurors in cases in which the government is a party, to judge the law
and not just the facts in the case. No matter how despicable the defendant in a
criminal case or how heinous the offense, the jury must find the defendant not
guilty if the law under which he is charged is unconstitutional or misapplied.
It is unconstitutional if it violates a constitutional right, is not based on a
power delegated to government, or is so vague that honest people may disagree
on how to obey or enforce it. It is misapplied if it is applied to acts outside
its proper jurisdiction, such as a federal criminal law applied to acts
committed on state territory, or to acts not intended to be included by the
lawmakers.
  One of the most important subjects for action will be to establish an alert
system for warning of abuses of citizens by organs of the government, and
mobilizing to defend them. It must be emphasized that it is not enough for
citizens to defend their rights in isolation. Only if they band together can
their rights be protected.
  Education in constitutional law must also be a priority. Every citizen must
be trained to interpret the constitutionality of laws and official acts, and
taught that doing so is the responsibility of each individual, that it cannot
be delegated to others, such as judges or superiors. That is the Lesson of
Nuremberg. Special attention needs to be given to educating lawyers, judges,
officials, and college and high school students. Militia members need to make
sure that every public library contains suitable books and magazines that
provide education on these subjects.


References:

  Morgan Norval, ed., The Militia in 20th Century America: A Symposium, 1985,
available from Gun Owners Foundation, 5881 Leesburg Pike, Falls Church, VA
22041.
  Stephen P. Halbrook, That Every Man Be Armed, 1984, available from the
Independent Institute, 134 98th Ave, Oakland, CA 94603.
  James M. & Kenneth F. Collier, Votescam: The Stealing of America, 1992,
available from Victoria House Press, 67 Wall St #2411, New York, NY 10005.