Tireside Chat Vol. 8: The Lawful Framework of the Unorganized Militias of the Several States

This is the only response needed for the identification, demonization, vilification, and attempted nullification of Constitutionally-protected patriot militia groups and armed American citizens by the lawless criminal elements operating within our federal and state governments, and by their well-paid propaganda mouthpieces of perception management in the mainstream news media.

Despite what they say, the government is NOT the imperfect men and women working from within the marble Grecian halls of authoritative governmental institutions. The government of the federal Union of states IS the Constitution for the united States of America (the Supreme Law of the land), the integrated Bill of Rights and its lawfully-instituted Amendments thereto.

Likewise, the government of each state IS its respective constitution, and it's lawfully-instituted amendments and statutes of law.

These contractual documents between the states and the People ARE the government and prescribe in clearly defined terms what the people working within lawfully chartered governmental institutions can and cannot do with their limited powers, where they can and cannot do it, when they can and cannot do it, and what the penalties of justice are if they defy the law.

If the government WAS comprised of imperfect men and women, then those imperfect men and women might attempt to infringe upon and put a lien upon our unalienable Creator-endowed rights as granted by God and guaranteed by our established law. Those rights include our divinely-ordained natural right of self-determination and self-preservation. Thankfully the government is NOT comprised of fallible men and women prone to power-lust, but of a contract between our nation's framers who were much wiser and more statesmanly than they, and the People at large.

And, thankfully, if these men and women usurp the law and subvert the contractual documents, then the power of the pen gives way to the last resort of the people under the grace of God, resting in an appeal to the sword; whether to defend themselves against the open attacks of a foreign enemy, or to check the insidious encroachments of our domestic ones.

The militia is not a "paramilitary" organization like you have heard repeated in the mainstream media. It is a MILITARY organization.

It is not a radical "white supremacist" or fringe "right-wing extremist" group. The far right of the political scale is anarchy, the absence of established law and justice. Whereas, contrarily, the far left extreme of the scale is communism, the total ownership of everyone and everything by the State. One notch to the right of communism is socialism and its political arm democracy, which Vladimir Lenin said was "indispensable to socialism." You cannot have two similar extremes in the same scale, and the two equal and opposing extremes of politics are anarchy and communism, the notion that citizen’s militias are "right-wing" being a misnomer.

Thankfully, our guaranteed representative Constitutional Republican form of government (Article IV, Section 4) is seated firmly in the middle of the political scale.

So, clearly the militia is not anarchist, extremist or "anti-government" as many would lie. It is firmly in the middle as a fundamental element of our Constitutional Republic, a pre-existing body of the People whose stated duty under the law is to: "execute the laws of the states and of the union, to suppress insurrections and repel invasions."

The militia is about the preservation of our nation and the defense of life, liberty and property of We the People. It is as the Second Article in Amendment clearly defines, "necessary to the security of a free state."

The following is the legal precedent defined under the banner of an exhaustive lawful framework of existing legislation which declares the essentiality of the the unorganized militias of the several states.

Share this information, memorize it, print it out and keep it on your person or in your vehicle, so that you can properly combat the deception and speak of it authoritatively, accurately, and with conviction. This is the ONLY information the debate should rest upon.

The law is on our side. Start using it, and start acting like it, for the militia is the whole of the People at large.

If you are an American, the militia is YOU. You ARE the militia.

STATE LAW

Oregon Constitution
Article X
“The Militia”
https://ballotpedia.org/Article_X,_Oregon_Constitution
Section 1: The Legislative Assembly shall provide by law for the organization, maintenance and discipline of a state militia for the defense and protection of the State.

Section 2: Persons whose religious tenets, or conscientious scruples forbid them to bear arms shall not be compelled to do so.

Section 3: The Governor, in his capacity as Commander-in-Chief of the military forces of the State, shall appoint and commission an Adjutant General. All other officers of the militia of the State shall be appointed and commissioned by the Governor upon the recommendation of the Adjutant General.

Oregon Revised Statutes:

Volume 10, Title 32, Chapter 396, Section 396.105
“Military affairs; emergencyservices: Militia comprised of organized and unorganized militia”
https://oregon.public.law/statutes/ors_396.105
(1) The militia of the state shall be divided into the organized militia and the unorganized militia.

(2) The organized militia shall be composed of the Oregon Army National Guard and the Oregon Air National Guard, which forces together with an inactive National Guard shall comprise the Oregon National Guard; the Oregon Civil Defense Force whenever such a force shall be duly organized; and such additional forces as may be created by the Governor.

(3) The unorganized militia shall consist of all able-bodied residents of the state between the ages of 18 and 45 who are not serving in any force of the organized militia or who are not on the state retired list and who are or who have declared their intention to become citizens of the United States; subject, however, to such exemptions from military duty as are created by the laws of the United States. [1961 c.454 §5(1),(2),(3); 1989 c.361 §2; 2005 c.512 §3; 2017 c.472 §3]

(Note: All 50 states have similar provisions in their state constitutions and statutes defining their respective militias under the law, although not all states specifically define what their respective militias specifically consist of. What does your state law say about your militia? Look it up. It's in there.)

FEDERAL LAW

United States Code:
10 U.S. Code § 311
Armed Forces: Militia composition and classes
https://codes.findlaw.com/us/title-10-armed-forces/10-usc-sect-311.html
(a) 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 and of female citizens of the United States who are members 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.

Constitution for the United States of America:

Article I, Section 8
http://www.law.cornell.edu/constitution/articlei
The Congress shall have power...

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;

Bill of Rights:

Second Article in Amendment
http://www.law.cornell.edu/constitution/second_amendment
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.

United States Senate:

"...the "militia" itself referred 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". Indeed, the 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". This Congress chose to do in the interests 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 10 U.S.C. Sec 311(a).(pg.12)" — ‘The Right to Keep and Bear Arms’, A Report of the Subcommittee on the Constitution of the Committee of the Judiciary, United States Senate, 97th Congress, 2nd Session, February 1982, p. 11. https://www.constitution.org/2ll/2ndschol/87senrpt.pdf

U.S. House of Representatives:

"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 10 United States Code, Sec. 311, Subsection (a)." — House Resolution Report No. 141, 73rd Congress, 1st Session, February 5, 1933.

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the militia shall consist of every able-bodied male citizen of the respective States, Territories, and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes—the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the remainder to be known as the Reserve Militia." — The Militia Act of 1903 (32 Stat. 775), CHAP. 196.—An Act To promote the efficiency of the militia, and for other purposes. [Public, No. 33.] Fifty-Seventh Congress. Sess. II. CH. 195, 196. January 21, 1903. p. 775. Also known as the Dick Act. https://www.loc.gov/law/help/statutes-at-large/57th-congress/session-2/c57s2ch196.pdf

The Articles of Confederation:
- Article VI, November 15, 1777
https://www.ourdocuments.gov/doc.php?doc=3&page=transcript
"No vessels of war shall be kept up in time of peace, by any state, except such number only, as shall be deemed necessary by the united states, in congress assembled, for the defence of such state, or its trade; nor shall any body of forces be kept up, by any state, in time of peace, except such number only as, in the judgment of the united states, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accounted, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition, and camp equipage."

The Federalist Papers:

Federalist No. 29
Concerning the Militia
From the Daily Advertiser
Thursday, January 10, 1788
Author: Alexander Hamilton
http://thomas.loc.gov/home/histdox/fed_29.html
To the People of the State of New York:

THE power of regulating the militia, and of commanding its services in times of insurrection and invasion are natural incidents to the duties of superintending the common defense, and of watching over the internal peace of the Confederacy.

The Federalist No. 46
The Influence of the State and Federal Governments Compared
New York Packet
Tuesday, January 29, 1788
Author: James Madison
http://www.constitution.org/fed/federa46.htm
Excerpt: "Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it. Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. And it is not certain, that with this aid alone they would not be able to shake off their yokes. But were the people to possess the additional advantages of local governments chosen by themselves, who could collect the national will and direct the national force, and of officers appointed out of the militia, by these governments, and attached both to them and to the militia, it may be affirmed with the greatest assurance, that the throne of every tyranny in Europe would be speedily overturned in spite of the legions which surround it. Let us not insult the free and gallant citizens of America with the suspicion, that they would be less able to defend the rights of which they would be in actual possession, than the debased subjects of arbitrary power would be to rescue theirs from the hands of their oppressors. Let us rather no longer insult them with the supposition that they can ever reduce themselves to the necessity of making the experiment, by a blind and tame submission to the long train of insidious measures which must precede and produce it."

U.S. Supreme Court Ruling:

A citizen’s right to keep and bear arms for personal defense unconnected with service in a militia has been affirmed in the U.S. Supreme Court decision: District of Columbia, et al. v Heller, 2008.

The Court Justice Scalia wrote in the majority opinion:

"The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home." Justice Scalia went on to define that a militia: "… comprised all males physically capable of acting in concert for the common defense ... The Anti-Federalists feared that the Federal Government would disarm the people in order to disable this citizens' militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens' militia would be preserved."

DEFINITIONS

MILI'TIA, noun [Latin from miles, a soldier; Gr. war, to fight, combat, contention. The primary sense of fighting is to strive, struggle, drive, or to strike, to beat, Eng. moil, Latin molior; Heb. to labor or toil.] The body of soldiers in a state enrolled for discipline, but not engaged in actual service except in emergencies; as distinguished from regular troops, whose sole occupation is war or military service. The militia of a country are the able bodied men organized into companies, regiments and brigades, with officers of all grades, and required by law to attend military exercises on certain days only, but at other times left to pursue their usual occupations. — Webster's American Dictionary of the English Language, 1828 Edition

Militia: The body of soldiers In a state enrolled for discipline, but not engaged inactual service except in emergencies, as distinguished from regular troops or a standing army. See Ex parte McCants, 39 Ala. 112; Worth v. Craven County, 118 N. C. 112, 24 S. E 778; Brown v. Newark, 29 N. J. Law, 238. — Black's Law Dictionary, Second Ed.

mi•li•tia (mə-lîsh’ə) n. 1. a. A citizen army as distinct from a body of professional soldiers. b. The armed citizenry as distinct from the regular army. 2. A military force that is not a part of the regular army and is subject to call for service in an emergency. 3. The whole body of physically fit male civilians eligible by law for military service. [Lat., warfare < miles, soldier.] — The American Heritage Dictionary, Second College Edition, (Houghton Mifflin Company, Boston, MA, 1982).

militia [mi-lish-uh]
1. a body of citizens enrolled for military service, and called out periodically for drill but serving full time only in emergencies.
2. a body of citizen soldiers as distinguished from professional soldiers.
3. all able-bodied males considered by law eligible for military service.
4. a body of citizens organized in a paramilitary group and typically regarding themselves as defenders of individual rights against the presumed interference of the federal government. — https://www.dictionary.com/browse/militia

NOTABLE QUOTATIONS

"Patriotism: The passion which aims to serve one's country, either in defending it from invasion, or protecting its rights and maintaining its laws and institutions in vigor and purity. Patriotism is the characteristic of a good citizen, the noblest passion that animates a man in the character of a citizen." — Noah Webster's American Dictionary, 1828 version

"When a strong man, fully armed, guards his own house, his possessions are safe." — Jesus Christ, the Gospel of Luke, chapter 11, verse 21

"The British parliament was advised by an artful man to disarm the people. That was the best and most effective way to enslave them; that they should not do it openly, but to weaken them and let them sink gradually by total misusing and neglecting the militia." — George Mason, during the Virginia Ratifying Convention

"Before a standing army can rule, the people must be disarmed, as they are in every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword, because the whole body of the people are armed and constitute a force superior to any band of regular troops that can be, on any pretense, raised in the United States." — Noah Webster, in a pamphlet aimed at swaying Pennsylvania toward the ratification of the Constitution with its further declaratory Articles in Amendment of the Bill of Rights, and the universal armament of all American citizens

"I am a Clergyman it is true, but I am a member of the Society as well as the poorest Layman, and my Liberty is as dear to me as any man, shall I then sit still and enjoy myself at Home when the best Blood of the Continent is spilling?. . . so far am I from thinking that I act wrong, I am convinced it is my duty to do so and duty I owe to God and my country." — Peter Muhlenberg, Pastor, Colonel of Virginia militia, 1775, and later Major General of the Continental Army of the Republic

"If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin." — Samuel Adams, 1776

“Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience and are left to the common refuge, which God hath provided for all men, against force and violence." — John Locke, Second Treatise of Civil Government, December, 1689

"For those of you who have never believed that there is a militia in this country, you had better think again. There have always been dedicated, honest, resourceful, loyal men and women in this country who throughout its history have risen to the call whenever the need has arisen. And this time is no different than any other time of crisis, and men and women of all walks of life, of all races and religions who understand that there is a common bond amongst all people who call themselves Americans, that common bond is Freedom. It is not religion, ladies and gentlemen. Our founding fathers warned us against the government and the church becoming one [the orthodoxy of the marriage of the church and crown]. There is no such thing in the Constitution as a separation between government and religion [separation of church and state]. That is a myth. There is no common bond amongst Americans as far as political parties or anything else. Our common bond is—and has always been—Freedom, nothing else. And anyone else who doesn't recognize that common bond or who doesn't understand the whole purpose of this nation—and that Freedom is the guiding light—is not, was not, and cannot ever be an American." — William Cooper, The Hour of the Time, Episode #1000, "Oklahoma City – Day One," November 25, 1996

"If they can get you asking the wrong questions, they don't have to worry about answers." — Thomas Pynchon, 'Gravity's Rainbow', (Viking Press, New York, NY, 1973)

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