September 3rd, 2013

Congress! Arm the Militias of Each State, Now!


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Militia_constitutionalmilitia_org

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Congress! Arm the Militias of Each State, Now!

A bit of verification as to why the document which created it requires the Congress to maintain the Constitutional Militia in each of the several sovereign States.

By TS Cal Hensen

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The Preamble to the Bill of Rights makes it very clear that the US Constitution sets limits on those who serve within the federal government: “… a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added…” [Emphasis added]

Each branch was assigned specific duties, and are to this day lawfully required to carry out those specific and respective duties. Those serving in the three branches are NOT allowed to use the assigned duties/powers of another branch. Limits were defined and placed upon those who serve within the federal government by listing exactly what they are allowed to do. Anything else is prohibited to them.

To bind them down while in public office, each of them is required in Article 6 to take the Oath to the Constitution. A solemn vow before God, the Oath is sworn [or affirmed] to the Constitution as written. It is, as President John Adams said, “a sacred obligation”; and it was written into the Constitution for one specific reason – to bind public servants down from the tempting mischief inherent in government’s granted power. Our nation’s founders designed the infrastructure of governance to protect the “unalienable rights” of “We, The People”.

Constitution of the United States of America, Article I, Section. 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

We would focus on their assigned duties found in the US Constitution, Article I, Section. 8, starting with Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”. [Emphasis added] Because the congress has the duty to grant Letters of Marque and Reprisal – which is using private citizens in their own privately owned crafts to defend the USA and her people.

Clause 12: “To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years”. The money that the congress has illegally spent beyond the lawfully allotted time of two years of supporting a “standing military” must be returned to the people. It was/is a misappropriation of funds (misappropriation n. the intentional, illegal use of the property or funds of another person for one’s own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person’s estate, or by any person with a responsibility to care for and protect another’s assets (a fiduciary duty). It is a felony (a crime punishable by a prison sentence http://legal-dictionary.thefreedictionary.com/misappropriation).

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years” is really straightforward, and no misunderstanding of the words can be used as an excuse for disobeying that duty. No standing army except in times of war, and ONLY the congress can declare *war. War must be declared by congress to be a lawful war the US military are used to fight in. War cannot lawfully be “declared” against a tactic such as the “war against terror” or the “war against drugs”; both are not wars and not even the congress can declare a war against a tactic. (*War defined: ‘Open and declared conflict between the armed forces of two or more states or nations’. http://legal-dictionary.thefreedictionary.com/war) Clause 12 was put in as a duty of congress because, as James Madison, the Father of the US Constitution warned: “No nation could preserve its freedom in the midst of continual warfare”.

“What, Sir, is the use of a militia? It is to PREVENT THE ESTABLISMENT OF A STANDING ARMY, the bane of liberty….” Rep. Elbridge Gerry of Massachusetts, floor debate over the Second Amendment, I Annals of Congress. [Emphasis added]

With those clarifying words from Rep. Gerry of Massachusetts, we move on to Clause 15 which requires the congress: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and REPEL INVASIONS”. This clause is very straightforward also. The militia of each state is taxed with the defense of the USA and her people, not just with the defense of their state; and they are to be armed with weapons that can repel any invasions bearing modern weapons of war. Congress is required to provide those military grade weapons for the militias.

Clause 16 also makes clear that the ARMING OF THE MILITIA OF EACH STATE is a duty the congress is REQUIRED to carry out: “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”. [Emphasis added]

The US Congress is under the obligation by the supreme law of this land to arm each state’s militia with the type of arms that will “repel invasions”- the same arms as the modern military uses. Each state has the duty to train the militia in the proper use of those arms.

The question arises often – “Are you saying that the State Militia should have jet fighter-bombers? I personally believe that it goes with each State’s militia since the Airforce had its beginnings in the Army as the Army Aircorp. But planes, missiles, drones, etcl, all are what the militia needs and must be trained in, everything and anything that an attacking force might use! If they might be used against us here in the USA by enemies foreign or domestic, then it is exactly what each state’s militia must be supplied with by the congress; and trained in the use of by each state.

Training the militia within each state would be great jobs for veterans, Oath Keepers familiar with the weapons, etc.

Some ideas on an addition to the weapons training is that the US Constitution and its true meaning must be taught, not just weapon usage. American values would also help such as individual responsibility, plus the penalties for following or giving unlawful orders. Also teach when the feds are supreme (carrying out their constitutionally assigned duties in a constitutional manner), and when the states are supreme (every time except when the feds are carrying out their constitutionally assigned duties in a constitutional manner that conflict with the states).

As Madison, the Father of the US Constitution said in Federalist No. 51, at 323: “In the compound republic of America, the power surrendered by the people is first divided between two distinct governments (referring to the states and the federal government), and then the portion allotted to each subdivided among distinct and separate departments (executive, legislative, and judicial – within both the state and federal). Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself”.

When your state governor, and /or the rest of the three branches of the state government does not carry out the duties as they are required to by the US Constitution and the State’s constitution, both being backed by a solemn oath – remove them as no longer meeting the LAWFUL requirements of the position they are occupying. They have broken the contract that let them occupy the position they are in. Replace them with someone who will carry out the legitimate governmental duties. Prosecute those who deserve it. If it takes a constitutional Sheriff to do this task because of resistance to giving up the position, then so be it. If that sheriff needs to use the (trained) militia to carry out an arrest – it is the Sheriff’s right and a rightful aspect of his duty.

It is past time to hold congress to its assigned duties – they must arm every state’s militia starting now.

TS Cal Henson

August 2013

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7 Responses to “Congress! Arm the Militias of Each State, Now!”

  1. 1
    Big Al Says:

    Excellent Cal, but the 535 block headed dopes could not, or should I say will not, understand this. I wish they would, but we know better. Their addiction to wealth and power is too strong to snap them into doing the right thing.

  2. 2
    Cal Says:

    Thank you Big al.

    It does not matter what the “535 block headed dopes” understand this or not. All that matters is that ALL constitutional law enforcement, ALL constitutional US military understand it.

    Enforcement of those (pretty much all actually) constitutional duties have been bypassed by those serving within the federal government whose first duties it was to see that they were enforced. As one goes down the list of those whose duties of enforcement it was that reneged on them or are willingly assisting in the destruction of our nation we are at the state Sheriff and Militia levels.

    They may not believe they are lawfully required to carry out those exact duties, but they are greatly mistaken since it is within the contract they are REQUIRED to agree to. Once they broke that contract we do NOT need elections to remove them from office, ONLY to find their replacements. WE just fire them as one would do any employee, etc that did not keep the contract. They must take us to court if they disagree.

    Remember that ALL judges can ONLY keep the position they are in when they use “Good Behaviour”, as the contract they agree to and take an oath to strengthen that contract. “Good Behaviour” according to the US Constitution:

    Article VI, Clause 2 of the US Constitution: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and THE JUDGES IN EVERY STATE SHALL BE BOUND THEREBY, ANY THING IN THE CONSTITUTION OR LAWS OF ANY STATE TO THE CONTRARY NOTWITHSTANDING.” (caps are mine)

    Article III.
    Section. 1.
    The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
    Section. 2.
    The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;– between a State and Citizens of another State (amended or *superseded),–between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
    In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
    The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

    (Superseded: “To take the place of; replace.” “To cause to be set aside, especially to displace as inferior or antiquated.”)

    Remember there is ONLY one lawful way to change the US Constitution.

    So any judge that has been, is, or does (in the future) uses foreign law, precedent that is not following (in Pursuance thereof) the US Constitution broke their contract and no longer have lawful authority within the USA.

    Yes, we CAN fire them.

  3. 3
    Ron Jr Says:

    Cal you are the man! Can I put you in my will? (kidding) my wife would castrate me. But you get how I feel.
    Hey I’m 63 in pretty good shape I’m in. I won’t run, never backed away from a good fight in my life and don’t want to start! Especially when it’s for the country I love. The Oathkeepers would at least need some of us oldtimers to guard the 535 prisoners. I actually think there’s going to be way more when you add in the state and local guys. Plus the LEO’s that don’t hold their oath. I’d put money on there being a bostload or 2 or 500 of us guys willing to free up the younger fit guys.
    And I don’t think the pukes in Washington have any idea how outnumbered they are. I find it very hard to believe that there are that many military and LEO’s out there willing to fire on there countrymen, friends, family, and neighbors.

  4. 4
    leo Says:

    I like how this article get to the point. Like Cal mentioned; we can kick these peoples who is in office out if they don’t follow and obey the oath they took when they came into office.

  5. 5
    Goat Says:

    The militia is already armed, except where the people have let themselves disarmed, for I ask you who are the militia? They are the whole of the people, except for a few petty bureaucrats. The only way the militia can be done away with is if they are done away with in the people’s own hearts and mind. No law can ban them and no law can make them. Equip and train now, don’t wait for permission that you neither need or likely will never come in time to save the republic. This Stewart is something you seem not to grasp or don’t want to grasp.

  6. 6
    Cal Says:

    The militia is not armed with the weapons of war as the US military is, and as they are LAWFULLY required to be Armed in that manner and trained by the states in their use by the congress (Clause 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”. That is a part of their assigned duties. By not doing so they have also broken the contract that they agreed to when they took the position they currently occupy.

    How can we force this upon those traitors in congress? We start prosecuting them for the crimes they have committed. We can start with Misappropriation of Funds, a felony. The cogress is only allowed to fund a standing army for two years (Clause 12: “To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years”.

    They rely and educate so that the American people do not know the laws, the US Constitution and what part it plays, each state’s constitution and the duty it plays, and the laws that they can be prosecuted under.

    The militia (every able-bodied person over 21) can be used by constitutional sheriff’s, if needed, to hold up the laws of the land – that does include the arrests of those serving in state and federal positions that have committed crimes that one is normally arrested for. If it was made known throughout the USA that this particular, or those particular crimes were committed, and the DoJ, etc have reneged on doing their lawful duty so that the Sheriffs of the several states were going to charge and arrest them it would leave the military out of it. It is a legal matter.

    If they bring the military, mercenaries, UN Military in to stop the arrests, it shows the people exactly what is going on. Is there a better “eyeopener” for those who do not want to admit to themselves what is going on (much fewer then you might think)?

    While we are doing that we need to start REMOVING ALL judges that are using foreign law and precedents that have no constitutional basis. How can we do that? They ONLY can remain in office as long as they are in “Good behaviour”. That means doing the duties assigned to the judicial branches in the manner assigned, not taking powers not assigned to them for themselves, and keeping their oaths. They ONLY get authority from the Constitutions, US and state.

    @ Goat
    As far as “his Stewart is something you seem not to grasp or don’t want to grasp.” I believe that you are incorrect. I believe that he and Oathkeepers are doing what they can to educate the military as to their lawful duties to the USA and also the LEO’s.

    It is difficult to teach them that they must NOT follow unlawful orders no matter who gives them. Presidents have given unlawful orders in the past and they were carried out and those that implemented them were held accountable for THEIR actions because the Bill of Rights is pretty short and can easily be memorized so that ALL orders – military or LEO – can be measured against that standard as they are REQUIRED to lawfully be. That is important as it will save lives overall and assist in stopping these traitors and scum.

    That is not to say I do not also get impatient with them, but at the same time I am grateful for everything they have done and what they do. It is a difficult thing to re- educate against years of deliberate training to be part of an “ism” (communism, Nazism, Fascism, etc) instead of individual rights and responsibilities for ones own actions. We are not there beside them knowing what they know, doing what they do. What we can and should be doing is changing the small part of this country WE live in. Holding accountable police, state representatives, our representatives we send to the feds, judges where we live.

    Have you bothered to write, e mail, or call your rep in the fed gov and remind them that they can – and you will see to it that they will be – held accountable for the crimes they commit in the peoples name? list some of the crimes they have broken that REQUIRES prosecution? Remind them that they are under a lawful contract and it does NOT take elections to remove them, just to REPLACE them? If not, don’t YOU think that would make a difference in how “your” reps at ALL levels – fed and state- behave while in office?

    “An officer who acts in violation of the constitution ceases to represent the government.”
    Brookfield Construction Company V. Stewart 284 F Sup. 94

    In the interest of shortening this I will not list the other crimes they have committed except one:

    28 C.F.R. Section 0.85 TERRORISM: “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”.
    Domestic terrorism is the unlawful use, or threatened use, of force or violence by a group or individual based and operating entirely within the United States or Puerto Rico without foreign direction committed against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof in furtherance of political or social objectives.

    42 USC § 1983 – Civil action for deprivation of rights

  7. 7
    Cal Says:

    Sorry, “42 USC § 1983 – Civil action for deprivation of rights” was supposed to be beneath a different paragraph.

    For those interested there is also:
    18 USC § 241 – CONSPIRACY AGAINST RIGHTS: If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
    If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
    They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

    Does that not describe many things today; including the TSA? NYPD? ETC? Hurrican Katrina & Hurricane Sandy? The prison that is now “housing” the homeless “for their own good” (first question should always be, are they stopped from leaving it)? Etc

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