Militia
Who is the Militia
Amendment 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."
"The Second Amendment has most recently been interpreted to grant the right of gun ownership to individuals for purposes that include self-defense. At first it was thought to apply only to the Federal government, but through the mechanism of the Fourteenth Amendment, it has been applied to the states as well." https://www.law.cornell.edu/constitution/second_amendment
- So what this is saying is that without the Fourteenth Amendment the second amendment has nothing to do with the average American who was not a party to the Constitution.
The Second Amendment does not grant the people the right to have military type rifles because the Amendment was not granting rights.
What it did was forbid the federal government of the United States from infringing on the individuals right to bear arms including the right to have military weapons.
The people have a natural right to defend themselves as individuals and as communities. It is not only foreign threats but even domestic threats. If people are expected to "support and defend the Constitution of the United States against all enemies, foreign and domestic” it is reasonable to expect them to have the right to "support and defend the community and themselves "against all enemies, foreign and domestic".
We should always remember people were created by God and the government was merely created by the people. So the people's rights do not originate with the government. It is the governments' rights that originate with the people. The peope may grant more and more power to government but that is a most dangerous game. Power corrupts.
There were clear examples of the people needing to defend themselves from elements of government power or their overreach back then and even in our modern century. Hitler, Stalin, Mao, Pol Pot and many others disarmed the population and wreaked havoc and horrors upon the people killing countless millions.
- "To Conquer a Nation, First Disarm its Citizens" Adolph Hitler
Did Hitler really make this exact statement? Of course not because he spoke German. Hitler did say "The most foolish mistake we could possibly make would be to allow the subject races to possess arms. History shows that all conquerors who have allowed their subject races to carry arms have prepared their own downfall by so doing. Indeed, I would go so far as to say that the supply of arms to the underdogs is a sine qua non for the overthrow of any sovereignty. So let’s not have any native militia or native police." [1]
There is no doubt that Hitler wanted to do away with the "native militia" although he lifted arm restrictions for members of the "National Socialist German Workers' Party" (NAZI). It is also clear that Hitler wanted to disarm the Jews with the 1938 German Weapons Act just as liberals today want to disarm conservatives.
All the bills and laws proposed by the government will effectively disarm the law-abiding people of America and leave guns in the hands of those who are not.
The better the people are armed with military type rifles, including what people call assault rifles, the less likely there will be more holocausts. No one believes it is possible in their country yet history is ripe with examples of rampant abuse of power. Once the people no longer have the military ability to defend itself by forming a militia there is seldom any way to go back.
Cesare Beccaria, criminologist, jurist, philosopher, and politician, who is widely considered one of the greatest thinkers of the Age of Enlightenment (1774-1776). in his treatise On Crimes and Punishments originally published in 1764 which Jefferson quoted in his Commonplace book which is like a daily ledger of thoughts, ideas, and conversations. He quoted Beccaria in the original Italian because he owned the book which was published again in 1809.
Here are two other translations of Cesare Beccaria in context of his treatise On Crimes and Punishments.
- “A principal source of errors and injustice are false ideas of utility. For example: that legislator has false ideas of utility who considers particular more than general conveniencies, who had rather command the sentiments of mankind than excite them, who dares say to reason, ‘Be thou a slave;’ who would sacrifice a thousand real advantages to the fear of an imaginary or trifling inconvenience; who would deprive men of the use of fire for fear of their being burnt, and of water for fear of their being drowned; and who knows of no means of preventing evil but by destroying it.
- “The laws of this nature are those which forbid to wear arms, disarming those only who are not disposed to commit the crime which the laws mean to prevent. Can it be supposed, that those who have the courage to violate the most sacred laws of humanity, and the most important of the code, will respect the less considerable and arbitrary injunctions, the violation of which is so easy, and of so little comparative importance? Does not the execution of this law deprive the subject of that personal liberty, so dear to mankind and to the wise legislator? and does it not subject the innocent to all the disagreeable circumstances that should only fall on the guilty? It certainly makes the situation of the assaulted worse, and of the assailants better, and rather encourages than prevents murder, as it requires less courage to attack unarmed than armed persons.”
The second translation here is by Henry Paolucci and is of the first edition but has an ellipse (...)
- “False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils, except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes….Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.”
Self Defense
DO CHRISTIANS HAVE A RIGHT TO SELF DEFENSE?
- Part 1, 11-7-09
Do Christians Have a Right to Self Defense - Part 2, 11-22-09
Do Christians Have a Right to Self Defense - Part 3, 12-5-09
Do Christians Have a Right to Self Defense - Part 4, 1-2-10
Do Christians Have a Right to Self Defense
There are two spirits working or warring in America today, even in the whole world. One is of the light and liberty and righteousness of the Kingdom of God the other is of darkness coveting and seeking the tyranny of Hell to bite and devour one another.
If God did not want people to use carnal weapons you would see that prohibition clearly stated over and over again as a precept in scripture. There is simply no evidence of such a prohibition. Not only did Jesus say to his disciples to obtain a carnal weapon and carry it along with their purse but when Peter used it to protect Jesus he was not told to get rid of it but "Put up thy sword into the sheath" because Jesus knew that the cup which His Father hath given Him he was willing to drink.
But the blood of the innocent or the weak who may die at the carnage of the mad mass murderers of the world is on the hands of the slothful man or coward who so often out of a false sense of self-righteousness refuse to arm themselves wisely as Christ told His disciples.[2].
If men will not wisely stand and defend others with the means that are within their reach are they good men? The man who refuses through his sloth, neglect or cowardness to arm himself to protect the innocent is as guilty of murderer and violence as the evil and wicked.
There is no greater power than the Holy Spirit but we have no right to tempt God by misplaced or arrogant claims to faith. Carnal weapons are only a tool for good or evil but to refuse to touch the tool because of a self-righteousness interpretation of scripture is refusing to accept a responsibility and the right granted by God and directed by Jesus.
While some will try to argue against an armed Christian asking where did Ignatius, Polycarp, Clement of Rome, Clement of Alexandria, Hippolytus, Justin the Martyr, Tertullian, Irenaeus, or even Origen advocate violence? But why would anyone suggest that using a tool to stop violence is violence? The truth is to fail to restrain a wild beast or a bull that pushes by any means within your power is violence by neglect and you can be held accountable as if you were the beast yourself.
A Christian is nonviolent. You seem to think that having a gun is violent. It is not any more violent than having a hammer which kills a lot of people. A gun is a tool like your hand. Even using it to stop a beast or crazed man is not violence.
It is strengthening the beast by not having the adequate tools at your disposal to stop evil when you could have... that is violence by neglect. That is why he said be armed to his disciples. It is common sense.
- "The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson, Commonplace Book (quoting 18th century Cesare Beccaria), criminologist, jurist, philosopher, and politician, who is widely considered as the most talented jurist and one of the greatest thinkers of the Age of Enlightenment. 1774-1776.
To say you love your neighbor and refuse to be prepared to come to his defense from a crazed beast or the demonically possessed by whatever means at your disposal is the definition of "dishonest hypocrisy" and by its nature apathetic violence.
It is fundamental to do what we can to protect our neighbor from unwarranted harm.
I have faced mobs and murders without a gun but I would never take away the right of people to use a little leverage. And neither did Christ. As far as Christ's doctrines are concerned if he didn't say it it isn't his doctrines but he did tell his disciples "he that hath no sword, let him sell his garment, and buy one". To use an imagined doctrine to justify personal apathy is "mental gymnastics."
We are supposed to believe in Jesus not Ignatius, Polycarp, Clement of Rome, Clement of Alexandria, Hippolytus, Justin the Martyr, Tertullian, Irenaeus, or even Origen, who did not contradict Jesus' statement to his disciples to be armed. How could those disciples as servants turn around and suggest a doctrine that Jesus never instituted that would disarm the people in free assemblies. And while certainly, those men did not recommend salvation through insurrection against even the semi-legitimate governments of the world but neither did they say nor command the people disarm and let every thug, murder, robber, and rapist or rampaging beast violate your community.
Thugs and Beasts
Someone who read these News With Views articles conjectured that I actually never answered the very question I raised.
He attempted to summarize the articles with maybe a hint of sarcasm:
- "Christians have the right to defend themselves, their family and their neighbor using whatever force is necessary against thugs bent on doing them ill. That is unless the thug represents the government, in which case they should take their copy of Black's Law Dictionary to the nearest law library, study the countless laws they've subjected themselves to determine what is permissible in the situation they encountered. Of course such an endeavor should only be undertaken with the guidance and discernment provided by the Holy Spirit as few mortals would actually be able to fully comprehend what they're reading without divine guidance. After completing such a course of study one would know what the morally correct thing they should have done all those decades ago."
Well I thought I would make a feeble attempt at a summary avoiding the step by step in depth look that may have encouraged the teachers at the police academy to approach me for the use of these articles. Maybe this will allow me to answer the question as to who is the real thug. Who resulted to force first? After all according to Mark Passio it is the one who through the first blow that is critical in deciding who is really the thug.
Summary
The question is answered in the first article which clearly states you not only have a right but a responsibility and, even an obligation to defend yourself and others.
The rest of the articles show you why you are loosing your right to obtain the means to meet this natural obligation because you will not gather together as one body bound in Faith, Hope and Charity by way of Freewill offerings of the people, for the people and by the people through the Perfect law of liberty in Free Assemblies. Instead you bind yourselves together by contracts with Benefactors who exercise authority one over the other including over your neighbor. This desire for benefits at the expense of your neighbor alters society makes you merchandise, curses children and it is all because your application to eat at the table of rulers is a snare and a trap.
People fail to defend themselves and their neighbor from destitution through accidents, by unforeseen poverty and disease etc. Because people pray to government for social security, Medicare and Medicaid and other social and health benefits and care. Their provisions are of the Nimrods of the World who are taking on your responsibilities and are licensed by you to take from you and of course all your neighbors and thereby obtain a right to regulate your life.
You want to take from the rich because he is rich and it is your own possessions and rights which are forfeited. Your desire for One purse has captured you in a net of your own making. When you cry out because of your oppression you will not be heard by God.
Like the father who says if you live under my roof and eat at my table you go by my rules.
This is undoubtedly why Jesus said Call no man Father
- What was Christ trying to tell us about fathers on the earth?
- http://www.hisholychurch.org/sermon/fatherabba.php
This is why article 4 states clearly, "While the State of Montana has recently made an attempt to protect individual rights by enacting state provisions, few understand that individual rights require individual responsibility. Gun rights advocates wait to see what the Federal reaction will be. The difficulty the Federal government faces will remain, as always, how will they maintain the delusion that US citizens still enjoy natural God given rights as free people, while continuing to regulate such rights as the privilege they have become?"
The liberal label is for those people who believe in the right to choose except your right to choose to not pay for their abortion, or free education or healthcare. They actually do not believe in the right to choose at all and the gun advocate has already decided that it is okay to force their neighbor to pay for government services (Health, Education and Welfare) at the point of the government's gun. They have chosen, given consent, to take away the right of their neighbor to choose and have lost their own right to choose.
Americans have already proved themselves violent thugs and predators and unworthy of firearms when they through Covetous Practices apply for benefits from men who call themselves Benefactors but who exercise authority. So I continued to write "Americans have failed to retain those rights by failing to recognize the consequences of applications for and acceptance of benefits, along with pervasive participation in social schemes dependent upon mutual surety and debt as seen in Pharaoh's Egypt, Nimrod's Babylon, Caesar's Rome, or Herod's Judea."
And then finish with "If you will not take back the responsibility to govern yourselves, to care and protect one another, to live by faith with hope through charity under the Perfect law of liberty which is love, and the duty of every Christian and God loving man, then you are probably too irresponsible to own a gun without being regulated by one government or another."
Americans have become comfortable with the idea of taking a bite out of one another. They have become little benefit beasties. Bound together by contract they all have the Mark of the Beast and have created a Beast by their Covetous Practices that goes about devouring who it wills.
- This series of articles which appeared at News With Views after I read a Chuck Baldwin article on the same subject has been used for some time in a private run police academy in Florida as a part of their training courses. I was amazed when they approached me for permission to incorporate it in their curriculum.
What is the Militia
The militia of consists of all able-bodied males at least 17 years of age and, under 45 years of age without taking an oath or signing up for anything.
- "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 Dictionary 1828 - Online Edition
- 1. regulated - controlled or governed according to rule or principle or law; "well regulated industries"; "houses with regulated temperature"
- Antonyms: unregulated - not regulated; not subject to rule or discipline; "unregulated off-shore fishing"
- 2. regulated - marked by system or regularity or discipline; "a quiet ordered house"; "an orderly universe"; "a well-regulated life"
Synonyms: ordered, orderly. Word Net Dictionary.
- "The burden of the militia duty lies equally upon all persons;" - Rep. Williamson in Congress, 22 Dec 1790 (Elliot, p423)
"The militia, who are in fact the effective part of the people at large, will render many troops quite unecessary. They will form a powerful check upon the regular troops, and will generally be sufficient to over-awe them" - Tench Coxe, An American Citizen IV, On the Federal Government (Oct. 21, 1787)
Different militias
Some people imagine that the existence of the militia is dependent upon the permission or appointment of the government, either State or Federal.
Militia must be well "organized" by standards set by State statute. The greatest way to tell a real constitutional militia from a another group calling themselves Militia is by asking the question. "Is your group a private institution or a public institution?" The Militia of the several states being enacted by state law are "Public institutions" and as such private organizations as well intentioned as they may be cannot be Militia.
They often cite Article 1 Section 8 Clause 16[3] suggesting there is a right reserved to the States for the appointment of the officers of the Militia suggesting that any group that does not have officers appointed by the State cannot be the militia.
But the common consensus for centuries has made it clear that "the term 'militia' is primarily used to describe two groups within the United States:" [4]
- Organized militia – consisting of State militia forces; notably, the National Guard and Naval Militia.[5] (Note: the National Guard [States] is not to be confused with the National Guard of the United States.)
- Unorganized militia – composing the Reserve Militia: every able-bodied man of at least 17 and under 45 years of age, not a member of the National Guard or Naval Militia.[6]
The term "Unorganized " does not mean that they are chaotic or ragtag but simply they may exist without a top-down authority regulating them coming from the State or Federal government. While they may be labeled the "Reserve Militia" they are truly a militia which may self-organize itself like Abraham, early Israel or the Teutons who organized their society through systems of charity and social welfare which prepared them for defense when needed.
People who are unaware of these two militias and also may not understand even the basics of the constitution as a formative document for the creation of a government will ask "where does the constitution allow for any part of the militia to be unorganized?"
It is advisable that they step back farther than the constitution. Start at least with "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." Declaration of Independence
The Rights of Man are not created by the constitution. The rights of government were created by men and should remain subordinate to men. The right to form a militia predates the constitution.
So the question is where in the constitution does the right to form a militia of the people get limited by the States or Federal government? Where do the States and Federal government get the right to restrict a preordained right the people's militia to exist or organize itself or to appoint officers over it or even regulate it?
There may be a power of the State to control, regulate or even disband the unorganized militia but that is not an inherent right. They certainly have a right to regulate the State militia but the people have rights beyond the State. If there s power in the State it will be found in "Title 10 U.S. Code Chapter 13 - THE MILITIA § 311 - references to "who have made a declaration of intention to become, citizens of the United States..."
The definition and status of citizens of the United States has changed over the years through application, participation and through the contract clause by the activities of the people. But that may be addressed elsewhere. Those restrictions are neither universal nor original.
If you refer back to the original Declaration of Independence it also 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 form, as to them shall seem most likely to effect their Safety and Happiness. "
That also includes the "Right of the People to alter or to abolish" may hinge upon its right to assemble a militia and organize it without the State or Federal supervision which brings us to the Second Amendment and the 9th and 10th.
Article IX
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
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."
Protection Subjection
"Protection draws to it subjection; subjection protection."[7]
- Luke 22:36 "Then said he unto them, But now, he that hath a purse, let him take [it], and likewise [his] scrip: and he that hath no sword, let him sell his garment, and buy one."
It is the responsibility of the individuals of society to protect themselves and their neighbors. They are endowed with that right by God and all rights are responsibilities. The right to bear arms for centuries meant the responsibility to protect your community at your own expense and risk.
To allow or desire to disarm society is to war against God.
"To Conquer a Nation, First Disarm its Citizens" Adolph Hitler 1933[8]
There is no greater enemy of the people than those who wish to disarm them. And there is no greater alley in that evil endeavor and effort than the avarice and apathy of the people themselves.
"The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and when the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” Henry St. George Tucker, in Blackstone's 1768 “Commentaries on the Laws of England.", Judge of the Virginia Supreme Court & U.S. Dist. Court of Virginia
- Turkey established its gun control laws in 1911, utilizing them to arrest and exterminate some 1.5 million Armenians between 1915 and 1917.
- The Soviet Union prohibited citizen gun ownership in 1929 which in turn contributed to somewhere between 20 and 62 million citizen “dissidents” being rounded up, imprisoned and exterminated.
- In 1938, the Nazi Party implemented strict gun control enabling them to collect and exterminate millions and millions of people including women and children between 1939 and 1945.
- In 1935 China disarmed its citizens, and between 1948 – 1952 they murdered 20 million Chinese. Many scholars agree that about one million people were murdered during the Cultural Revolution (1966-1976). Yet, the Chinese government stated, “Their blood and tears demand no delay for the U.S. gun control.” The current Chinese government, the communist People’s Republic of China, was established in a revolution led by Mao Zedong, who killed an estimated 40-70 million often unarmed people with starvation, executions, and re-education camps.
- After invading Poland in 1939, the Nazi forces utilized pre-war gun registration lists to both confiscate firearms and arrest their owners. Thereafter they were free to round up the Jews for the Warsaw Ghetto and ship them off to concentration camps.
- Gun control laws introduced in 1956 allowed Cambodia police and military forces to arrest around 21 million professionals and intellectuals and exterminate them.
- In 1964 Guatemala disarmed its citizens, and between 1964 – 1981 they murdered 100,000 Mayan Indians.
- In 1970 Uganda disarmed its citizens, and between 1971 – 1979 they murdered 300,000 Christians.
Governments with guns kill far more people than criminals and loan gunman.
Thomas Jefferson, after observing during the drafting of the Virginia Constitution that "No freeman shall be debarred the use of arms” (1776) later asserted in correspondence to John Cartwright (1824) that “"The constitutions of most of our States assert that all power is inherent in the people; that... it is their right and duty to be at all times armed."
Thomas Jefferson, quoting Cesare Beccaria, went on to say, "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
James Madison, though best remembered for asserting in 1792 that “The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country,” also observed that (1788) “The governments of Europe are afraid to trust the people with arms ... 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.”
Patriot Richard Henry Lee - renowned for calling for the independence of the colonies during the Second Continental Congress - is also remembered for warning that (1788) "A militia when properly formed are in fact the people themselves . . . and include all men capable of bearing arms. . . To preserve liberty it is essential that the whole body of people always possess arms... The mind that aims at a select militia, must be influenced by a truly anti-republican principle.”
The United States President George Washington made the timeless observation (1790) that "A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government."
"The very atmosphere of firearms anywhere and everywhere restrains evil interference. They deserve a place of honor with all that is good. When firearms go, all goes. We need them every hour." - George Washington in the address to the 2nd session of United States Congress.
"The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." - Thomas Jefferson Papers, 334 (C.J.Boyd, Ed., 1950)
"All that is necessary for evil to triumph is for good men to do nothing." - Edmund Burke
"For the first time in history does a nation have complete gun registration. Our streets will be safer, our police more efficient. The world will follow our lead in the future." - Adolph Hitler, 15 April 1935, in address to the Reichstag
If you want your rights back you have to take your responsibilities back first.
The Draft
How many rights other than delegated powers were reserved to the people?
The simple answer is "All of them."
Were citizens freemen or subjects?
- "If the Militia was every able-bodied citizen then what happens when a citizen doesn't want to join your Militia?"
Nothing.
That is called freedom.
We know that is hard for people to wrap their heads around especially since they know very little about real freedom and what it takes to obtain and maintain that freedom.
You can only maintain rights, e.g. the right to choose or liberty, by exercising the correlative responsibilities connected to them. If we do not share the responsibility of freedom can we maintain or even claim a right to it?
- "A militia when properly formed are in fact the people themselves . . . and include all men capable of bearing arms. . . To preserve liberty it is essential that the whole body of people always possess arms... The mind that aims at a select militia, must be influenced by a truly anti-republican principle."- Richard Henry Lee
No one should be compelled to come to his neighbor's aid when he needs assistance, yet he must be deprived of the means to do so. Without the practice of social virtue, the safety of society is diminished. Like the Amish, if you do not help when someone's house is burned down no one has to come and help you.
For centuries people formed local voluntary militias where there were no statutes or even kings and rulers.
Prior to the Fourteenth Amendment[9], “No private person has a right to complain, by suit in court, on the ground of a breach of Constitution. The constitution it is true, is a compact, but he is not a party to it. The states are party to it”.[10]
- "There is no such thing as a power of inherent sovereignty in the government of the [federal] United States... In this country sovereignty resides in the people, and Congress can exercise no power which they [the sovereign people] have not, by their Constitution entrusted to it: All else is withheld." Supreme Court Justice Field
There were a few attempts to draft men into military service during the War for Independence, the war of 1812 and the Civil War but these usurpations were often met with fierce resistance.
Daniel Webster stated in an address to the House in 1814:
- "The administration asserts the right to fill the ranks of the regular army by compulsion...Is this, sir, consistent with the character of a free government? Is this civil liberty? Is this the real character of our Constitution? No, sir, indeed it is not...Where is it written in the Constitution, in what article or section is it contained, that you may take children from their parents, and parents from their children, and compel them to fight the battles of any war, in which the folly or the wickedness of government may engage it? Under what concealment has this power lain hidden, which now for the first time comes forth, with a tremendous and baleful aspect, to trample down and destroy the dearest rights of personal liberty?"
Today, “in the United States ‘it [citizenship] is a political obligation’ depending not on ownership of land, but on the enjoyment of the protection of government; and it ‘binds the citizen to the observance of all laws’ of his sovereign.”[11]
We see today that any private person can bring an action in court for violations of the constitution as it's done every single day.
"Persons" are "members" and members may be "subject". Americans were not a party to the creation of the United States nor its constitution. Neither could a small group of men subject an entire nation to the whims of Congress with the stroke of a pen.
If you actually have a right to bear arms as a natural individual then you have a right to maintain rights by exercising the power of the sword with the lawful authority which you were endowed with by God. Before statutes there was law. Lawful rights are natural rights not connected to the administration of government. Legal rights are rights which can be regulated by statutes.
Since the militia has always been every able-bodied man in order to have a well-regulated militia it is essential that every able-bodied man also arm himself. It would seem that it is not only his right but his responsibility to himself, his family and his fellowman.
Delegation
The right to defend life is a right delegated by nature and nature's God.
- "Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined.... The great object is that every man be armed. Everyone who is able might have a gun." - Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778
There is simply put nothing in the Constitution of the United States to delegate authority to the government to regulate the ownership of arms.
- "The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms." - Samuel Adams, Massachusetts Ratifying Convention, 1788
By mere definition the militia being every man it should be clear that the better armed any government force may be, whether foreign or domestic the right of the people to be armed shall be magnified not restricted nor diminished.
- "What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty .... Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins." - Rep. Elbridge Gerry of Massachusetts, I Annals of Congress 750, August 17, 1789
Certainly, the 2nd amendment has nothing to do with hunters or sport-shooters and everything to do with that natural right of defense. That defense of the community may include the rise of tyranny, the abuse of power, or foreign invasion[12] but more commonly the need to protect and the threat of harm is felt more dearly every day from lawless and malevolent elements of society itself. Until governments can guarantee the safety of every law-abiding citizen or benevolent member of society any attempt to restrict the right to defend life, liberty or the pursuit of happiness could hold the individual members of the legislatures morally and financially responsible for any damage or injury which may result.
- "The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson, Commonplace Book (quoting 18th century Cesare Beccaria), criminologist, jurist, philosopher, and politician, who is widely considered as the most talented jurist and one of the greatest thinkers of the Age of Enlightenment. 1774-1776
It is well known that "The best defense is a good offense" and the best deterrent to needing to defend yourself and your community is the ability to implement that offense by being armed and prepared. A well-armed society can be the best encouragement for honesty and respect among its members.
In a free society, the virtue of its members coupled with the means of protecting one another is the greatest guarantee of security and safety.
- "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776
What the militia does
But the question begs to be asked are citizens of the United States still free?
Have they become entangled again in the elements of the world selling their access to the exercise of rights because of their appetite for benefits and the wages of unrighteousness.
There are many situations where unpaid voluntary militias formed without legislatures but you won't learn about them much in public school. The militia was not only for the defense of community from invasion. They protected from gangs, fires, floods etc. but they also were found building roads, laboring at public projects, and even constructing schools with unpaid voluntary labor.
There might be a constable or sheriff but he was backed by the people through a Hue and cry.
All the things the militia use to do through volunteerism is now done by government and financed through taxes and borrowed money.
The so-called "mandate in the constitution under art 1 sec 8 cl 16" concerning militias is for the State militia. Unfortunately, the federal government can draft most people into the army now because the relationship of the people has changed from a free and independent people to one based on contract and dependence where your natural rights are no longer intact.
Many did not think the constitution was a good idea and most Americans opposed it for the same reasons. Early Americans did a lot of things the modern American does not know about nor understand. http://preparingyou.com/wiki/Not_a_party.
It was through the "covetous practices" of the people that they became little more than human resources and subjects.
As subjects, you can now bring an action in court for violations of the constitutional "legal rights" because you no longer have access to your lawful or natural rights. This has come about because you thought it was okay to live at the expense of your neighbor. You imagine that it is okay to force your neighbor to fight for you, serve you, provide you with benefits like free education, social security and probably even healthcare. Those "covetous practices" are at home in the mind of many Americans and people of the world today even though they were forbidden by Moses and by Christ. Even Polybius said:
- "The masses continue with an appetite for benefits and the habit of receiving them by way of a rule of force and violence. The people, having grown accustomed to feed at the expense of others and to depend for their livelihood on the property of others... institute the rule of violence; and now uniting their forces massacre, banish, and plunder, until they degenerate again into perfect savages and find once more a master and monarch." Polybius saw the downfall of the republic 150 years before the first Emperor of Rome and 175 years before the birth of Jesus Christ and John the Baptist.
http://preparingyou.com/wiki/Covetous_practices
- Chapter 3. of the book The Covenants of the gods
- Citizenship vs Citizenship
- http://www.hisholychurch.org/study/gods/cog3cvc.php
- Citizen vs Citizen from the book "The Covenants of the gods"
- Citizens of the world and in the world?
- http://www.hisholychurch.org/study/bklt/citizen.pdf
Assault vs Assault
The definition of assault varies by jurisdiction, but generally falls into one of these categories. Cornell Law School:
- 1. Intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Intent to cause physical injury is not required, and physical injury does not need to result. So defined in tort law and the criminal statutes of some states.
- 2. With the intent to cause physical injury, making another person reasonably apprehend an imminent harmful or offensive contact. Essentially, an attempted battery. So defined in the criminal statutes of some states.
- 3. With the intent to cause physical injury, actually causing such injury to another person. Essentially, the same as a battery. So defined in the criminal statutes of some states, and so understood in popular usage.
Apprehension v. Fear
- In this context, "apprehension" does not mean "fear." Rather, to experience apprehension, the victim must believe that the tortfeasor's conduct will result in imminent harmful or offensive contact unless it is somehow otherwise prevented. It isn't necessary that the victim believes the conduct will be effective in making such contact, only that he believes the conduct is capable of making such contact.
Definition of assault Merriam Webster
- 1 a : a violent physical or verbal attack
- b : a military attack usually involving direct combat with enemy forces an assault on the enemy's air base
- c : a concerted effort (as to reach a goal or defeat an adversary) an assault on drug trafficking
- 2 law
- a : a threat or attempt to inflict offensive physical contact or bodily harm on a person (as by lifting a fist in a threatening manner) that puts the person in immediate danger of or in apprehension (see apprehension 1) of such harm or contact — compare battery
An "assault weapons" is a politically inflammatory term used to demonize semi-automatic guns. An “AR-15” rifle stands for ArmaLite rifle, after the company that developed it in the 1950s. ... AR-15-style rifles are NOT “assault weapons” nor “assault rifles.” An assault rifle is fully automatic — a machine gun. Automatic firearms have been severely restricted from civilian ownership since 1934.
AR-15s accounted for 14.4 percent of all rifles manufactured in 2007. If that proportion held true in 2016, then more than 610,000 AR-15s were produced and distributed in the U.S. that year alone. If there are around 310 million firearms in the USA today, that means these auto-loading clip fed rifles make up at least 3,000,000 guns while some estimates go to 10,000,000 or more.
Firearm-related death rate per 100,000 population per year US rates 12th
Firearm-related homicides rate per 100,000 population per year US rates 17th
https://en.wikipedia.org/wiki/List_of_countries_by_firearm-related_death_rate
Most shootings in America are gang related or are in Gun free zones. Gun free zones kill people. Most people who use guns like automobiles are done safely by good people. There is no logic in taking cars away from sober people because some people drive drunk.
Teachers that wish to arm themselves and can pass basic safety tests and gun courses should be allowed to bring their gun to work from the janitor to the principal with school approval if they are employed.
The possibility of even a few regular employees being armed and not just a guy with a uniform will begin to reduce deaths and probably shootings. We saw in Israel as an absolute success.
If 10% of the teachers and school employees desired to conceal carry that would be almost a half a million people in the schools capable of stopping a shooter or stabber.
That is not the only thing you can do but that is one of the quickest and cheapest ways to make a difference. Just the possibility of armed resistance will stop even insane attempts to do harm. We know that mass shooters have chosen their targets because they were not likely to have anyone there to stop them.
Then there is also the fact that almost everyone who does commit mass murders of the kind we have seen at schools and in other gun free zones have been taking mind-altering drugs.
Millions of people own guns and hurt no one. In fact men like Stephen Willeford have confronted shooters with his own personal AR15.
Other hero's names disappear while the modern news media publishes the name of the murders over and over again. People who at the risk of their own lives and with the use of their own firearm confront and stop the carnage go unpraised because the truth that arms in the hands of good people is the greatest deterrent of crime does not fit the media agenda.
People like Assistant Principal Joel Myrick, James Strand, Tracy Bridges, Mikael Gross, Jeanne Assam, Donald J. Moore, Carolyn Gudger, Aaron Guyton, Nick Meli, Jonathan Baer, Clint Lund, Dr. Lee Silverman, Kenneth Hammond, Lisa Castellano and many other unnamed heroes who with their own firearms saved lives.
Sheriff Robinson stated “The rampage might have resulted in many more casualties had it not been for the quick response of a deputy sheriff who was working as a school resource officer at the school.” That deputy sheriff who was working as a school resource officer at the school who with an unarmed school security officer and two administrators ran from the cafeteria to the library. The deputy was yelling for people to get down and identified himself as a county deputy sheriff,” Robinson said. "We know for a fact that the shooter knew that the deputy was in the immediate area and, while the deputy was containing the shooter, the shooter took his own life."
If a man is about to kill a thousand people with a bomb and the only way to stop him is shoot him which might kill him what do you do?
If you do nothing you are complicit in the death of a thousand people. What if only one man will die unjustly if you do not stop the murderer?
Because Stephen Willeford needs to be able to confront a shooter to protect children and others the right to keep and bear arms should not be infringed.
The U.S. Code
Title 10 U.S. Code Chapter 13 - THE MILITIA § 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, 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.
Title 10 U.S. Code § 312 - Militia duty: exemptions
- (a) The following persons are exempt from militia duty:
- (1) The Vice President.
- (2) The judicial and executive officers of the United States, the several States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
- (3) Members of the armed forces, except members who are not on active duty.
- (4) Customhouse clerks.
- (5) Persons employed by the United States in the transmission of mail.
- (6) Workmen employed in armories, arsenals, and naval shipyards of the United States.
- (7) Pilots on navigable waters.
- (8) Mariners in the sea service of a citizen of, or a merchant in, the United States.
- (b) A person who claims exemption because of religious belief is exempt from militia duty in a combatant capacity, if the conscientious holding of that belief is established under such regulations as the President may prescribe. However, such a person is not exempt from militia duty that the President determines to be noncombatant.
Conscription
The original idea of a militia does not include "conscription". It was merely the able body men of society who are willing to fight and work in its defense.
There has always been an elements of the world that want to argue conscription for what has been called a militia for thousands of years. Authoritarian habits are hard to break. But if the government can compel your service, then you are not "free", but under tribute. In a true or pure Republic, leaders are titular and have no power of conscription. It is true that during the American Revolutionary War, "some states", which were individual republics to lesser or greater degree, "sometimes drafted men for militia duty or to fill state Continental Army units", but the central government that was still forming did not have the authority to conscript, except for purposes of naval impressment. Even that was controversial since the power of impressment was one of the complaints in The Declaration of Independence.
We should also note that "landed" men -- that is to say, those with a freehold title in land -- could not be impressed because, by definition, they were "freemen". Even President James Madison and his Secretary of War James Monroe unsuccessfully attempted to create a national draft of 40,000 men during the War of 1812. This proposal was fiercely criticized on the House floor by Congressman Daniel Webster.
It should also be noted that even when there was limited draft powers, the power over a drafted soldier was extremely limited. Washington commented that the militia "provided for calling out men to repel invasion; but the powers granted for effecting it were so limited, as to be almost inoperative."[13]
President James Madison advocated the controversial idea of government funding of Public Education, but only for the absolute indigent of society. The reason people objected to government funding of education was that it was literally drafting the labor of people to provide benefits to the needy of society.
- "He who receives the benefit should also bear the disadvantage."
- Cujus est commodum ejus debet esse incommodum.
Because some states participated in some form of draft does not make it correct, nor does it grant universal power to draft people or their sons and daughters. That is an acquired power. If you have "conscripted fathers" making laws in your government, then you are likely subject to a draft.
The militia does not include members of the "armed forces" who are automatically exempt from the militia according to Title 10 U.S. Code § 312. In a government of, for and by the people, the militia can be an all-voluntary force that organizes itself. People in a community are expected to defend that community, even if they are not members. It is like good Samaritan laws. If someone is being attacked, murdered or robbed, and if you do not defend their right with means at your disposal, then you become complicit in the commission of the crime.
I am not saying that the government does not have power to draft today. But I am saying that it is not automatic nor universal. It is what the people have been doing and not doing that grants the corporate governments of the world the power to draft the people in military or civilian work projects. [see passports.]
Bob Basso pretending to be Thomas Paine pulls a dramatic bait and switch and most people who heard this completely missed it. At 4:26 he promotes the idea to "BRING BACK UNIVERSAL SERVICE". When did we ever have "UNIVERSAL SERVICE" in America or the United States?
The idea that the government should not be given the power to draft is a biblical rule laid down since at least Deuteronomy if not 1 Samuel 8. The video interview below was made in response to the error most people were making when they listened to the the Basso Tea Party video. They were missing the bait and switch sales pitch in the video. The Not My Tea Party, which is a part of the Slaves & Salvation Series exposes the insidious hidden message in the original Basso video.
Unfortunately the people of America already have at least one form of universal service through the Federal Employee Identification Number which is the Mark of the Beast. And because they are a surety for debt they cannot just opt out at this time. But there are things they can do to reverse the process including joining the Network.
- "Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." John F. Kennedy, the 35th President of the United States from January 1961 until his assassination in November 1963.
A well organized militia is simply people who are organized in their effort to protect and defend their neighbor's rights like Jesus said about attending to the Weightier matters of the law, judgment, mercy, and faith which include caring for the needs of our neighbors and the widows and orphans of our society through Pure Religion in matters of health, education, and welfare. We are NOT to provide for the needy of society through the Covetous Practices and the men who call themselves benefactors but who exercise authority one over the other like the socialists do.
The Way of Christ was like neither the way of the world of Rome nor the governments of the gentiles who depend on those fathers of the earth through force, fear and fealty who deliver the people back in bondage again like they were in Egypt. Christ's ministers and true Christians do not depend upon systems of social welfare that force the contributions of the people like the corban of the Pharisees which made the word of God to none effect. Many people have been deceived to go the way of Balaam and the Nicolaitan and out of The Way of Christ and have become workers of iniquity.
The Christian conflict with Rome in the first century Church appointed by Christ was because they would not apply to the fathers of the earth for their free bread but instead relied upon a voluntary network providing a daily ministration to the needy of society through Faith, Hope, and Charity by way of freewill offerings of the people, for the people, and by the people through the perfect law of liberty in Free Assemblies according to the ancient pattern of Tuns or Tens as He commanded.
The modern Christians are in need of repentance.
"Follow me!" —Jesus the Christ.
- One of the most important things to do is to become involved in a network of Charitable Practices. Everyone should want to join a Living Network of Love and Charity.
- If you think you have a calling to be a Minister of God or you might want to dedicate your life to Christ as an Ordained Minister of His Holy Church, contact us to start the process of discipleship and become the benefactors who exercise only love, NOT authority.[14]
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The Occupy Refuge Movement - this is not much different than the Occupy Wall Street Movement when you really look at what is happening and the reason these Constitutionalists are acting. You can also find detailed information about the Hammond situation at our webpage here.
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Footnotes
- ↑ Hitler’s Table Talk, 1941-1944: Secret Conversations with the English translation copyrighted 1953 by Weidenfeld and Nicolson. Cited passage, from Part Three: 6 February – 7 September 1942: This makes the quote little more than a very liberal translation.
- ↑ Luke 22:36 "Then said he unto them, But now, he that hath a purse, let him take [it], and likewise [his] scrip: and he that hath no sword, let him sell his garment, and buy one."
- ↑ Article 1 - Legislative, Section, 16: 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;
- ↑ https://en.wikipedia.org/wiki/Militia_(United_States)
- ↑ Department of Defense, Under Secretary of Defense for Personnel and Readiness, Military compensation background papers, Seventh edition, page 229. Department of Defense, 2005.
- ↑ Beard, Charles Austin: Readings in American Government and Politics, Page 308. Macmillan, 1909. "Sec. 1. That the militia . . . shall be divided into two classes . . . the organized militia, to be known as the National Guard . . . and the remainder to be known as the Reserve Militia."
- ↑ Protectio trahit subjectionem, subjectio protectionem. Coke, Littl. 65."
- ↑ Some claim that Hitler did not say this but he did say "The most foolish mistake we could possibly make would be to allow the subject races to possess arms. History shows that all conquerors who have allowed their subject races to carry arms have prepared their own downfall by so doing. Indeed, I would go so far as to say that the supply of arms to the underdogs is a sine qua non for the overthrow of any sovereignty. So let’s not have any native militia or native police." Hitler’s Table Talk, 1941-1944: Secret Conversations with the English translation copyrighted 1953 by Weidenfeld and Nicolson. Cited passage, from Part Three: 6 February – 7 September 1942: The quote could be the work of a very liberal translation, which is why finding an original source is so elusive. But it is clear that Hitler wanted to disarm the Jews 1938 German Weapons Act just as democrats today want to disarm conservatives.
- ↑ “In the United States citizenship is defined in the fourteenth amendment to the Constitution as: ‘All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and the States wherein they reside.’”
- ↑ Supreme Court of Georgia, Padelford, Fay ∓mp; Co. vs Mayor and Alderman, City of Savannah, 14 Ga. 438,520 (1854).
- ↑ Wallace v. Harmstad, 44 Pa. 492; etc. Black’s 3rd Ed. p. 95.
- ↑ "As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms." - Tench Coxe, Philadelphia Federal Gazette, June 18, 1789
- ↑ "The Life of George Washington" Jared Sparks, page 70. F. Andrews, 1853.
- ↑ Matthew 20:25-26 But Jesus called them unto him, and said, Ye know that the princes of the Gentiles exercise dominion over them, and they that are great exercise authority upon them. But it shall not be so among you: but whosoever will be great among you, let him be your minister;
Mark 10:42-43 But Jesus called them to him, and saith unto them, Ye know that they which are accounted to rule over the Gentiles exercise lordship over them; and their great ones exercise authority upon them. But so shall it not be among you: but whosoever will be great among you, shall be your minister:
Luke 22:25-26 And he said unto them, The kings of the Gentiles exercise lordship over them; and they that exercise authority upon them are called benefactors. But ye shall not be so: but he that is greatest among you, let him be as the younger; and he that is chief, as he that doth serve.