[OPF List] a United States Militia

ginny blamire gblamire at gmail.com
Fri Dec 3 10:37:45 HST 2010

My Dear Friend Gary;

I read much of the info sent thru here by you and others
all educational;  some over my head..much forgotten..
I'D like to take this time and

Wish All of You a Very Merry Christmas..

And that no matter what comes to be for Our Great  Nation
that we can be Thankful for how  it once held

Belief in a Higher Power, Truth, Justice. Freedom
for All  it's citizens and non-citizens;  and that She will
Again be as before  as Long as We  have

 LOVE and Forgiveness  in our hearts for these are what

Bless you all and thanks for your Prayers for My son

love, ginny


On Fri, Dec 3, 2010 at 2:28 PM, Gary Hunt <hunt at outpost-of-freedom.com>wrote:

>  *a United States Militia*
> Gary Hunt
> Outpost of Freedom
> December 3, 2010
> Often I see a suggestion that the federal government should enact statutes
> protecting the militia, perhaps even organizing and equipping it.  Well, to
> some extent that is provided for in the Constitution.
> *Article I, Section 8, clause 15:
> *Congress shall have the Power to....  To provide for calling forth the
> Militia to execute the Laws of the Union, suppress Insurrections and repel
> Invasions;
> So, it can be called forth for certain purposes.
> *Article I, Section 8, clause 16:
> *Congress shall have the Power to.... 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;
> Organizing, arming, and disciplining are also included, extended even to
> governing, while in time of service to the country.  Significantly, however,
> the appointment of officers and training is left to the States.  This is
> important because it show the chain of command being to the State not the
> United States, (except as necessary when in service to the United States).
> The officers know who writes their check, and, the members are trained by
> local people, though in accordance with the discipline provided by
> Congress.  The primary allegiance to the State is preserved.
> *Article II, Section 2, clause 1:
> *The President shall be Commander in Chief of the Army and Navy of the
> United States, and of the Militia of the several States, when called into
> the actual Service of the United States; ...
> Here is the exception mentioned above.  Only while in service to the
> country is the allegiance to the State even subordinated.
> *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.
> Though State can also mean a country, in the context of the Constitution,
> it is one of the members of the Union created by the Constitution.  Here,
> quite clearly, the ability for the State to a free in its nature is assured
> by the only explanation of the need for the Militia -- the security of a
> free State.
> The following was enacted in 1916, with the exception of the provision for
> "female members of the National Guard (1973) and "unorganized militia"
> description (1958).  Exceptions (those not in the militia) are provided for
> in the next Section of the Code, but are irrelevant to this discussion.
> *10 U.S.C. § 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.
> So, let us look at what effect this Statute (United States Code provision)
> has on the entire concept of Militia.
> Let's suppose that the United States wanted to call forth the Militia,
> prior to 1916.  They would requisition form the states a quota to be
> filled.  The States, in their capacity, could refuse, if they wanted, to
> fill the quota.  I'm not sure where this would take us, since I am not aware
> of any instance where that happened, but, perhaps, that is why it never
> happened -- that the federal government knew its limits and would not dare
> call the Militia under circumstances that it felt might generate a refusal.
> Whether the State would charge you with desertion, for refusal to answer a
> call up, or not, is to be considered, though if there seemed to be an
> objection to the call up, it would seem that public sympathy would be
> support of such refusal -- in a free State.
> Suppose, however, that the United States assumed a senior role, and, in
> accordance with the Statute above, called forth the militia -- not under the
> State Militia, rather, under the United States Militia.
> First, they could call who they wanted.  The individual selection would be
> out of the hands of the State.  Are you on a list that might be called up?
> Next, they could assign you to duty wherever they chose to send you, within
> the United States, unless they opted to go even further.  Ever been to Atka,
> Alaska?
> Suppose that you refuse the call up.  Well, depending on what the President
> has decided as to the severity of the circumstances that warranted a call
> up, you would be guilty of desertion and subject to punishment of either
> imprisonment, or, execution.
> So, now, all who favor a United States Militia, please stand up.
> On Line at A United States Militia<http://www.outpost-of-freedom.com/blog/?p=382>
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