PJ 100
CHAPTER 11
THE MILITIA
"A well regulated Militia, being necessary to the security of a freestate, the right of the people to keep and bear arms, shall not be infringed."
The following accounts regarding "militias" will explain why our founding fathers included the militia in the 2nd Amendment when they had already provided provisions for the militia in the first and second Articles of the Constitution, and reflects the ur-gent requirement for a "militia" today.
HISTORY OF THE MILITIA
The history of the militia goes back almost to the beginning of time. I will cover just a few examples as to how the militia was used.
54 B.C.: CAESAR'S INVASION OF BRITAIN
On this day Caesar landed at Britain with 23,000 troops, with some 800 support vessels. The total number of full time military facing them was numbered at about 500 in all between the "four Kings of Kent".
A man by the name of Cassivellaunus was made the commander-in-chief of the forces of Britain. Cassivellaunus knew that he wouldn't stand a chance against Caesar's 23,000 troops. It was time to call out the militia. Cassivellaunus martialed the individual forces of the land owners, freemen and men at arms. Thenceforth, they set out on a campaign of harassment against Caesar.
To make a long story short, on the 13th of August after, in Caesar's words, "in extracting tribute and prisoners for the Brits" embarked and left Britain forever more, having "conquered" the coveted British Isles for the glory of Rome.
The fact is, the militia defended Britain and forced Caesar and his army to leave.
FINLAND
In little Finland, when Russian troops attacked, they were ready, and for several months the militia were able to respond and not only repel the invading Russian troops, but actually gain territory from them in bitter winter fighting. When Russia made a secret defense pact with China, who was embroiled in a civil war itself, it allowed it to move troops into Finland and fight them to a stand still, then take territory, but in such bitter fighting that a peace treaty followed. It was not as a result of the standing army, nor mass enlistments and training during the conflict. Finland's freedom was the result of its militia. After World War II Finland was the only former German friend or ally be-sides Spain that did not fall into the Soviet sphere of influence, or came under the heel of occupation by a foreign power. But, Spain had not participated in any hostilities as Finland had. Why? Because Finland and its militia was once again ready to defend itself from Russia or from the invading victorious Allies.
AFGHANISTAN
In Afghanistan, the central government was corrupted, and be-came a Communist-Marxist state instead of a Moslem-socialist state as mandated by it constitution. A civil war broke out between the standing army of Afghanistan and the citizens of the state who would not give up the Moslem religion. The people hastily formed militia units who fought a protracted civil war against the oppressive central government and its ally, the Soviet Union, for 11 years, finally winning. Never did the several militias ever unite, or become uniformed, trained, or equipped into a formal standing army. They retained, for the entire 11 years, the militia organization, training, methods and small arms equipment, and defeated the largest military power in the world doing so. Remember, Afghanistan was the Russian equivalent to America's war in Vietnam.
"A MAN'S HOME IS HIS CASTLE"
THE MAGNA CHARTA
On the 19th of June, 1215, the barons of King John appeared before him, bearing arms, compelling him under force, to sign what is called the Manga Charta (Magna Carta). This great Charter was a pact between the crown and the citizens of Eng-land, declaring the rights and liberties of the citizens, which included the right to "keep and bare arms". The arms spoken of were not specified, but was implied to be the articles of war that were necessary to go into battle. Thus, for the Knights and Nobles, this likewise meant castles with moats, ramparts, draw bridges, etc., and all of the other paraphernalia of a castle and needs to secure it. Thus comes the comment, "a man's home is his castle" meaning that a man had a right to fortify his home against any who may assault it, and likewise, have right to defend it in like manner.
The right to keep and near arms and defending his home "like a castle" was passed down from generation to generation.
THE MILITIA AND THE
FOUNDING OF AMERICA
Our founding fathers were schooled in these lessons of history, in fact most of them were quite fluent in Latin, Greek, and many of them in Hebrew. They read and knew of the Gaelic Campaigns of Caesar, The Greek City States, and many other books written about the military history of each of the nations and why they either excelled as a nation, or failed as a society.
Our founding fathers were wise to the ways of the world in Eu-rope, Asia, and in the Spanish possessions in Central and South America. They knew that without the militia they would never succeed--and so history has proven.
THE TRUE PURPOSE OF
THE 2ND AMENDMENT
There was much discussion during the constitutional convention as to how the states would secure their sovereignty and liberties from a national government. They were afraid that sooner or later there would come a time that this nation might be attacked or that the government would turn into a monarchy. They established the three branches of government, with the separation of powers. To further ensure that this nation could not be subverted from within, they protected the right of the militia of the several states to keep and bear arms through the second amendment.
The majority of Americans today, believe the reason that our forefathers wanted the people to have the right to keep and bear arms was for the purpose of self defense against criminals, hunting, etc. This is NOT the primary reason for the enactment of the 2nd Amendment. Let's let Thomas Jefferson explain it for US.
"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."
--Thomas Jefferson
Thomas Jefferson also understood that those who would attempt to take away the liberty of the citizens of this nation must first disarm them. He knew what their argument for infringing on the second amendment would be and what their argument would be for abusing it. We are all familiar with the Anti-gun advocates argument, that if we take away the guns of the people, we will lower the crime rate.
But this argument was dealt with by Thomas Jefferson when he copied in his Commonplace Book, the words of the Italian philosopher Cesare Beccaria in 1775:
"False is the idea of utility...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 (of liberty). The laws that forbid the carrying of arms are laws of such nature. They disarm only those who are neither inclined nor determined to commit crimes such laws serve rather to encourage than to pre-vent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
Our founding fathers were very familiar with the words of Beccaria, and they no doubt knew this quote by Lord George Littleton:
"To argue against any breach of liberty from the ill use that may be made of it, is to argue against liberty itself, since all is capable of being abused."
Most of our founding fathers served in the militia, including George Washington, who commanded the Virginia Militia during the French-Indian War. They all had a vision and intimate knowledge of the militia as being the source for the protection of the rights of the people, local government rights and the Constitution. They had fought the French Regular Army and along side their brothers the British Army, as militia. During the Revolution, they had fought, some as militia and others as regular troops of the Army of the United States of America, along side the French Army, against both Tory Militia, Regular British and German troops.
They also knew that if in the future that our Constitution was not interpreted according to the history in which it was drafted, we would not have a proper understanding of the original intent of our founding fathers, or in the words of James Madison, primary author and supreme expert on the Constitution:
"do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted bastardized form of illegitimate government."
THE MILITIA IN FOREIGN NATIONS
The militia is not new or unique to America. There are many nations who have had both good and bad experiences with the militia.
In current Croatia, Bosnia-Herzegovina, and Yugoslavia, we have seen that it has been by and through the militia that Croatia gained its independence, Bosnia would have been overrun by the regular forces of Yugoslavia without a militia, and Yugoslavia would be under attack from a foreign nation if it were not for a nearly one million man armed militia.
In Iraq, there exist two separate militia forces, one in the North, and one on the South. Currently the United States, and United Nations, are in the process of helping those militia maintain peace and security from their own country and President from attacking them. If it were not for the militia of the Kurds and Suni Muslims in Iraq, it is a documented fact that the nation in which they live would be practicing a genocidal war upon them. The militia of the Kurds and Suni is the only thing that stands between them and death.
In Greece, Rome and Israel, a militia was used for many years. However, as these nations passed into time and history, they all went away from the concept of a militia as the security backbone, to a standing army, and finally to either a king or emperor who had total control over the military just as the National Guard Act does currently in the United States. The result is obvious, Greece, Rome and Israel all passed into oblivion.
NATIONAL GUARD vs THE MILITIA
Most Americans today believe that The National Guard is the Militia reserved to the states in the State Constitutions and the Constitution of the United States of America. Nothing could be further from the truth.
To begin with, the National Guard did not even exist in 1775, 1787, 1791 or even all of the 1800s. It was created by Congress as the Act of January 21, 1903, known by the name of its sponsor as the "The Dick Act". In fact, the 1982 Subcommittee on the Constitution of the Senate Judiciary Committee, says this:
"That the National Guard is not the 'militia' referred to in the Second Amendment is even clearer today. Congress had 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.' The modern National Guard was specifically intended to avoid status as the constitutional militia, a distinction recognized by 10 U.S.C. 311(a)."
Also the arms and ammunition, etc., of the National Guard are owned and controlled by the government, not by "the people" as clearly stipulated in the Second Amendment.
In 1913 as the potential for war in Europe began to be taken seriously, President Wilson enacted the Reserve Officer Training Act, and put with colleges small military units that were to train officers for the reserve forces of the U.S. Army. In 1916, when the war was then in full bloom, Teddy Roosevelt asked Wilson for a commission as a General, and volunteered to raise a militia army, just as he did in the Spanish-American War, and lead it into battle in Europe, as he did in Cuba. Wilson reacted as any cold blooded politician would, and eliminated the militia in the United States, unilaterally, on June 3 with U.S. Code, Title 32, which completely altered the definition of the militia and it service, who controlled it, and what it was. Without knowing it or realizing it, title 32 violated every article and section of the Constitution and the Second Amendment. For instance the law:
* Made the National Guard part of the Armed Forces of the United States.
* Made the National Guard "federally recognized," instead of state recognized.
* Active duty was now at the discretion of the U.S. military, not by call out of governor of legislature.
* Finances the National Guard from the U.S. Treasury.
* The Guard is placed under the direct command of the "staff corps of the Army as the Secretary of the Army may authorize." Thus also placing them under the direct command of the Secretary of the Army.
* Made the president the commanding officer of the national guard, not a president, but as the senior officer, making it a private army of the president. (32 USCS 104, c,d,e,f)
* On July 9, 1918, the difference between National Guard and Regular Army was swept away, and became a personnel pay folder classification only, thus nationalizing the entire National Guard into the Regular standing Armies of the United States.
* If the state does not conform to the law, all money to the state may be withheld by order of the president. (Section 108)
And in Section 110, finally puts the nail in the coffin of every principle of freedom and liberty in America with:
* "The President shall prescribe regulations, and issue orders necessary to organize, discipline, and govern the National Guard."
thus, making the president a dictator over the very people that were thought by the Founding Fathers to be the last vestiges of hope in keeping and maintaining the vigil against tyranny, oppression and a dictatorship.
STATE REACTION
Each state was forced to quickly comply to new law, or risk loss of funding, aid, and support from the federal government. In Montana, the legislature responded with Title 10, Military Affairs and Disaster and Emergency Services, which states in 101-104 MCA: Federal regulations to govern.
"Federal laws and regulations, forms, precedents, and usages relating to and governing the armed forces of the United States and militia, including The Uniform code of Military Justice, shall, insofar as they are applicable and not inconsistent with the constitution of this state, apply to and govern the military forces of this state, including all members of the National Guard on active duty within the state as active duty guard/ reserve (AGR) personnel under Title 32, U.S.C."
Other states quickly capitulated, with Massachusetts being the last, in the 1950s. Besides the State of Montana stating that the federal rules and regulations were to be in compliance with the state constitution they also reserved to themselves by definition and organization a remnant of the militia. In title 10-1-104 they provided:
"Classes of militia. The classes of the militia are:
(1) the organized militia, which consists of the National Guard and the Montana home guard;
(2) the unorganized militia, which consists of the members of the militia who are not members of the organized militia."
They divided the militia into two classes, the organized militia which consists of the National Guard and the Montana Home Guard, both of these must follow all rules and regulations of the federal government. The second class of militia is the unorganized militia. The unorganized militia is made up of all able-bodied citizens of this state who are not members of the organized and as such are not recognized or supported by the federal government, therefor, the unorganized militia conforms with "Militia" as provided for in the second amendment.
MILITIAS THAT HAVE BEEN DISBANDED
What has happened in nations where the militia once existed and then was disbanded. We do not hear of little East Timor, who, by the power of a militia overthrew a central government oppressive to the right of the people, and was backed by the foreign nation of Indonesia. When they won the war, the militia was disbanded, and weapons collected. In three months, Indonesia attacked, with the aid of the United States, and captured and annexed East Timor, as a nation it no longer exists. Enough Said!
Is this a unique example? No. The loss of militia organization to the civilian populace has always been followed by a change in government. We can look at the examples of Poland, after World War II, and the extensive role that militia, called partisans, played in the freeing of that nation from the grasp of Hitler's Germany, and after the war the government ended the militia, and began regulations on the kind of arms the citizens could posses. The result was that two years later, a backroom revolution brought Poland into the family of Communist nations. Nor is Poland an isolated example, Czechoslovakia followed the experience, as did Hungary, Romania, and Yugoslavia who had the largest militia armies at the close of the war.
In the cases of the communist takeovers, the governments them-selves precipitated the crises to subvert the people and eliminate the militia within each nation. It was not that the people them-selves could not own a weapon, even up until its formal demise you could own a shot gun or hunting rifle in the Soviet Union. Italy, Germany, all of the communist nations have gun control laws that allow the citizen to keep arms. What all of those nations have eliminated was the ability to be organized and bare the arms. In each and every one of the communist nations there was a backroom take over of the central governments, the elimination of organizations and leadership that would have al-lowed for a militia or any kind of training and preparation was eliminated prior to the political haggling that brought down the free government to be replaced with the socialist government.
THE BRADY BILL
Handgun Control, Inc., was founded by Sarah Brady to lead in the legislation of the disarming of America. Sarah Brady is not for the rights of Americans, she is a Socialist through and through. In her own words she states:
"Our task of creating a SOCIALIST America can only succeed when those who would resist us have been TOTALLY DISARMED."
(emphasis added)
Who would oppose Mrs. Brady in her task? The Militia. Remember Thomas Jefferson's words that the primary purpose of tile second amendment was to ensure that Americans as a last resort would be able to defend themselves against a tyrannical government.
Also, Sarah Brady was awarded by special lobbyist organizations to the tune of $250,000 for getting the Brady Bill passed.
MILITIA VERSUS ARMS
Many feel that it is too much to have a militia, that we need to just settle for the possession of arms, or that a militia is too militaristic sounding and out of date. Has it been out of date for Bosnia, Croatia, the Kurds, Suni? A gun and a few hundred rounds of ammunition? This is not the concept of the Founding Fathers and the purpose and level of preparation of the militia. The militia, under the second amendment, is to be able to bare arms, meaning to use them in a military confrontation, not just pack them around the house, yard or forest. To stand on the second amendment means that you are willing, able, and have desires of belonging to a militia, to whom the right of keeping and bearing arms is guaranteed.
The security of a free state is not found in the citizens having guns in the closet. It is found in the citizenry being trained, pre-pared, organized, equipped and lead properly so that if the government uses its force against the citizens, the people can respond with a superior amount of arms, and appropriately defend their rights.
The framers had learned that the regular Army would not protect the rights of the people when the bureaucracy or a truant went mad with power. It was not the army, or the bureaucratic officials, members of parliament or Governors who made up the Revolutionary militia, Continental Congress, or Committees of Correspondence that started the war to protect the rights of man. It was John Q. Public--the common man. Thus, the right of the people to keep and bears is the essential element of a well regulated militia, which is the right of a free state for its defense and security.
Our government by passing these Crime Bills and the Brady Bill have shown us that they are attempting to disarm the militias of the several states. With the National Guard belonging to the Armed Forces of the United States the several states will have lost their power to protect and defend the citizens and property of their state.
It is not enough to have a gun, it takes knowing how to use it, when, and who you can trust and rely upon.
The lessons of history should not be lost on us. History if not studied is bound to be repeated. Its up to us to know and appreciate what our Founding Fathers gave us, and how hard they had to study to give it to us.
If the army has control of the militia, the militia will be obedient to the command of the army, which is in the command of government. If the militia is independent and viable, then only laws which are right and just will come forth from the government, keeping the populace supportive and loyal to the government. To balance the military power of the nation, with the might of the militia, will put at odds any scheme by government officials to use the force of the government against the people. Therefore, when the codes and statutes are unjust for the majority of the people, the people will rightly revolt, and the government will have to acquiesce without a shot being fired, because the militia stands vigilant in carrying out the will of the people in defense of rights, liberty and freedom.
The purpose of government is in the protection of the rights of the people, when it does not accomplish this, the militia is the crusader who steps forward, and upon it rests the mantle of defense of the rights of the people.
The United States of America, formerly a Republic, now hangs in the balance. We can leave our fate in the hands of corrupted, self serving, foreign mercenaries, trust our fate to their decisions, which are fostered by agencies of our government and private corporations in its employ, denying us the freedom to "keep and bare arms", which is "necessary to the security of a free State", or we can return to the original intent of our Founding Fathers (who bled and died for this country), in the defense of our God given unalienable rights, protected by the Constitution, and guaranteed to us as citizens, by the Second Amendment.
Put simply, one cannot believe in the Right to keep and bear arms without believing in the "Militia" .
YOUR CHOICE: FREEDOM OR SLAVERY
"The security of a state wholly depends upon this, the good graces of the citizens upon whose back it rests. When the individual citizen no longer takes an active part in the defense of his nation, that nation is soon to fall."
* * * * *
M.O.M.
C/O P.O. Box 1486
Noxon, Montana 59853
(406)847-2246
THE MILITIA OF MONTANA
SANDERS COUNTY, UNIT ALPHA
RULES AND REGULATIONS
We, the able-bodied Citizens of Sanders County, of the State of Montana, in Order to fulfill our Duty as members of the unorganized Militia of the State of Montana, in the most efficient manner, and to further the attached Declaration, do hereby establish these Rules and Regulations for Unit Alpha of the unorganized Militia of Montana, in Sanders County.
CHAPTER I
RANK AND STRUCTURE
1. Unit Leadership. The leadership of the Unit shall consist of a Commander, supported by Officers, the number and rank of which will be required by the Structure of this Unit.
2. Appointment of Officers.
a. The Unit commander shall be chosen by unanimous voice by the members of the Unit. If a Commander can not achieve unanimous voice of the members who shall serve under his command, dissatisfied members of Unit Alpha may resign from Unit Alpha, for the purpose of forming a separate and independent Unit in Sanders County as another volunteer organization, within Sanders County, for the purpose of supporting the unorganized "Militia of Montana."
b. Officers shall be chosen by the Unit Commander, which shall be sustained by two-thirds vote of men who shall serve under his command.
3. Uniform. The uniform of the Unit shall consist of Blue Jeans and a Gray (medium shade) shirt, with exceptions to be based upon the need of the Unit and its purpose and location of service.
4. Conformity with Organized Militia. The Unit shall conform as closely as possible to the rank and structure of the organized Militia of the State of Montana without violating 10-1-614 of the MCA, but if the Unit' becomes engaged in active services of the State of Montana, Unit Alpha shall then be organized into such ranks as conforms to the branch of service of the organized militia, which they are in service with.
5. Officers. Officers shall receive a Rank that would be applicable to the number of men under his command and/or his type of service in the Unit.
6. Selection of New Officers.
a. The selection of new officers shall be made by appointment of the Unit Commander and with the concurrence of two-thirds of the men who shall serve under his command.
b. Replacement of the Unit Commander shall require a unanimous vote by all members of the Unit and such replacement shall be a man who has served in the Unit for a minimum of one year.
7. New Members. New members may join the Unit by:
a. Age. The qualifications for service shall be all able-bodied Citizens of the State of Montana, inhabiting the County of Sanders, who have obtained the age of 20 or older, in no case may this be waived for youth younger than 18.
b. Reading the Declaration and Covenant. Having the Declaration read to them, they shall state to the Officer reading the Declaration that they agree and support such document; the new member shall also declare his support and loyalty to the Unit and them by a vote of three-fourths affirmation by the Unit, the Unit Commander shall accept such membership; the new member is then presented to the Unit, where all members sustain him in full brotherhood. Upon acceptance as a member of the Unit, the new member shall be enlisted with the covenant of service as follows:
"I (state name) shall faithfully execute the constitutional laws of the Union of the United States of America, and the State of Montana, to the best of my ability; to protect, defend and uphold the Constitution of the United States of America and the State of Montana against all enemies foreign and domestic."
CHAPTER II
TAKING UP ARMS
I. Call-Out. The Unit, shall send a representative to appear before the Sheriff, and the County Commissioners, with a letter of greetings and notice of ability to serve.
a. The Unit may not be called into service without the sustaining vote of the Unit. (See Part 4 of this Chapter.)
b. The Unit may not be used against the unarmed citizens of the State of Montana, nor against armed Citizens in defense of the Constitutions of the State of Montana and of the United States of America.
c. The Unit may not be used against the police or governmental authority within the State of Montana, except by call out by the representative authority of the government, with the sustaining vote of the Unit, and only after such determination has been made, justified, and notice delivered to such violating entity, and then only for the crimes of violation of their oath of office, and such sections or articles of the Constitution of the United States of America and of this State as may apply.
d. Only the Unit Commander, the Governor of the State of Montana, the County Commissioners of Sanders County or the Sheriff of Sanders County may call the Unit into service, with the exceptions listed in Chapter VII, part 1, Section d.
2. Taking Up Arms. At the point of extremis, where-in the Unit is called up by the Unit Commander to exercise the right of defense, it shall be only for the protection of the lives, families and properties of the Citizens of the State of Montana. The unalienable right of maintaining and protecting the Constitution of the United States of America, the constitution of the State of Montana and the form of government guaranteed to us by our founding fathers, shall always be a viable right of calling out the Unit and the bearing of arms against all enemies foreign and domestic.
3. Moral conflict. No member of the Unit shall be compelled to serve in a conflict which he can not morally support in his heart with all of his might and strength. No member shall be forced to take up arms that is otherwise unwilling to do so. There shall be no penalty towards any member so unwilling, except he shall be released from any authority, status, or service with the Unit.
4. Sustaining the Conflict. At the time of the "call to arms", each man shall verbally sustain such call, to his immediate Officer, and in the roll call, "all voices present" shall be presented to the Unit Commander as unanimous for the impending action and service.
5. Lawful Call-out to Service. The Unit may be called immediately into service by the Sheriff's office, a judge of competent jurisdiction, or other political office, with the Unit Commander's concurrence, to protect the rights of the citizens where time does not permit the lengthy approval process.
6. Assistance and aid requested from other Units. Upon request for assistance and aid in the form of a Call-out to this Unit from another Unit, located within the State of Montana, the Unit Commander shall immediately call for a voice affirmation from the Unit Members. Upon a unanimous vote of all Unit Members and the concurrence of the Unit Commander, the Unit shall provide the assistance and aid requested.
7. Service outside the State Boundaries. The Unit may Not be used outside the state boundaries, except in times of invasion of the State of Montana or one of the several States of the Union; or in Regular United States Army, or Navy units without the unanimous approval of the Unit members, Unit Commander, as well as permission of the Governor and majority note of the Sanders County Commissioners.
CHAPTER III
OFFICERS AND MEMBERS
1. Terms of Commission. The Unit Commander and his Officers shall serve for a term of two years, except in times of general call-out, when continuity of the Unit may not be maintained. No Unit Commander or Officer shall serve for more that two consecutive terms in his present position.
2. Loss of commission.
a. Unit Commander. The Unit Commander shall lose his commission upon leaving the Unit, or for conduct unbecoming an Officer as determined by a vote of three-fourths of the mem-bers of the Unit.
b. Officers. An Officer shall lose his commission upon leaving the Unit, or for conduct unbecoming an Officer as de-termined by a vote of tow-thirds of the members of the Unit.
3. Disobedience of Orders. The penalty for disobedience of a Lawful order of a superior shall be grounds for dismissal from the Unit.
4. Removal from Unit. A member may be removed from Unit Mpha by a vote of two-thirds of the Unit.
5. Fair Hearing. No member, regardless of position, may be removed from Unit Alpha without a fair hearing determining the validity of the charges and/or allegations brought against him.
6. Pay and Allowances.
a. Pay. The Unit shall consist of members who are all vol-unteers and there shall be no paid positions.
b. Uniforms. Responsibility and cost of all uniforms shall be that of each member.
c. Equipment. Responsibility and cost of all personal equipment shall be that of each member.
d. Exceptions. Upon request by a member to the Unit Commander for assistance in procuring a uniform and/or equipment, the Unit Commander shall call for a vote from the Unit. Upon availablility will such request be granted.
CHAPTER IV
FUNDING AND PROPERTY
1. Funding.
a. Dues. The Unit shall operate by the dues required from each member.
b. Donations. The Unit will accept donations. However, The Unit shall not accept donations which would place any obligation upon The Unit.
c. Federal, State and/or Local Funding, Grants, Loans, etc. The Unit shall not accept any type of funding from any political entity, except in times of general call out. No interference by the federal government shall be tolerated.
2. Property.
a. Private. No property shall be used by the Unit without written consent of the lawful owner.
b. Unit. Upon a unanimous vote and if funds are available, the Unit may purchase property (real and/or personal) for the use of the Unit.
3. Debt. At no time will the Unit go into debt. At no time will the Unit accept any donations in the form of funding or property (personal or real) from any member or non-member, unless that donation is free from all indebtedness.
CHAPTER V
ASSOCIATION
1. Association. This Unite shall provide support and informa-tion to other Units within the unorganized "Militia of Montana" for the most efficient accomplishment of the several Units, to whatever extent deemed appropriate regarding its mission and purpose.
2. Dues. Each member of this Unit shall render to the Unit a $20.00 application fee at joining, and $5.00 per month for the administrative costs, supplies and equipment of the Unit.
3. Civil Crimes. Commission of crimes against the constitution of the State of Montana and/or the Constitution of the United States of America shall be grounds for a hearing to determine the continued status of membership within the Unit.
4. Discipline: Rules and Regulations. The rules and regulations governing the discipline of this Unit shall by made by the Unit Commander, in consultation with his Officers, and with two-thirds majority vote of the members of the Unit.
CHAPTER VI
LAW AND JUSTICE
1. Sustaining Law. The Unit shall, at all times, sustain and support all of the Laws that are not in contradistinction to the Constitution of the United States of America and the Constitu-tion of the State of Montana and the Laws of Nature (see Article VI, Par. 2, Constitution of the United States of America).
2. Justice. The Unit shall, at all times, be interested in fairness and justice. No member shall at any time exercise extortion, force, coercion or intimidation in receiving help or aid in his Unit's cause of efforts. No man shall ever receive into himself a personal emolument or benefit that is not available to all, not a reward or recompense for service or loss.
3. Code of Conduct.. Members of the Unit shall always be under the authority of, and be subject to, the penalties of the Constitutional laws of the land and shall also be subject to the highest of moral standards, and when in the status of being called up as a member of a the Organized Militia, all applicable rules land regulation of the Uniform Code of Military Justice, will apply.
CHAPTER VII
GENERAL PROVISIONS
1. Cooperation with Civil Authorities.
a. The Unit will at all times be respectful of the Rights of the citizens of this state, and respective of the civil authorities wherein it serves.
b. It is the responsibility and duty of every member of this Unit, and all officers who direct them. to NOT perform any action which is injurious to the rights, life, liberty, or property, of the citizens of the State of Montana without due and just cause for the defense of the State of Montana and/or the United States of America, in the spirit and letter of the Constitutions of the aforementioned entities, and in upholding the aforesaid rights, life, liberty and property of all the citizens therein.
c. Put Down Insurrections. The Unit shall be used to sup-press insurrection against the laws of the State of Montana and/or the County of Sander which are held to be Constitutional under the Constitution of the State of Montana and/or the Constitution of the United States of America.
d. Repel Invasion of Armed Force of Men. The Unit may be called into service by any law enforcement officer, government official of the city, county of state, or any private citizen who directly observes an armed force of men within the State of Montana who are not authorized to assemble within the state by the Constitution of the State or the laws held secure thereunder.
e. Provides for Domestic Tranquility. The Unit may be used to insure domestic tranquility in the performance of service necessary to maintain the same: such as at times of earthquakes or other natural or man made disasters which would inhibit the ability of civil authorities to maintain the peace and in such ser-vice as is necessary to secure the safety, peace and just laws of the state under the Constitution of the State.
f. Sections c, d and e of this chapter shall be subject to Chapter II, Part 5 of these Rules and Regulations.
2. Enforcement of Rules and Regulations. The Unit Commander shall be responsible for enforcing these Rules and Regulations of Unit Alpha, to the best of his ability.
Assembled
, February , 1994
Members Present
_
Interim Unit Commander
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CHAPTER 12
INTERPRETING THE MEANING & PURPOSE OF THE
SECOND AMENDMENT
by Bernadine Smith
Editor's note: The following discussion is a continuation of material in the previous chapter.
The framers of the Constitution were quite skilled in the use and drafting of the English language. By putting the militia at the forefront of the sentence which composes the Second Amendment of the Bill of Rights, they stressed the importance of the collective use of the right to arms. The collective use has equal status with the individual aspects of this absolute right.
When the 1787 Constitution was ready to be submitted to the governors of the states for ratification, Patrick Henry, the immortal voice for liberty, lectured daily against it in the Virginia State House for three weeks, criticizing the Constitution, warning that it had been written "as if only good men will take office!" He asked what they would do "when evil men took office!" "When evil men take office, the whole gang will be in collusion," he declared, "and they will keep the people in utter ignorance and steal their liberty by ambuscade!" (Entrapment from a concealed position.)
Henry asked, "What resistance could be made if the people have no guns?" "Your laws on treason are a sham and a mockery because of their mutual implication." He told them that a major reason for objecting to the Constitution was that "it does not leave us the means for defending our rights or waging war against tyrants!" "This Constitution will trample on your fallen liberty!" he declared. Henry warned that the new federal government was being given "too much money and too much power" and that it would end up consolidating all power unto itself, converting us "into one solid empire." Among other things, one of the areas he felt needed modification and limitation was the use of the treaty power, an area in which he forecast that "the president would lead in treason." His fervor and graphic description of "execrable tyranny" which would befall the people if they could not take arms against evil men who might take office, placed Patrick Henry in the fore-front of the effort to protect the natural rights of the people. He wanted the immediate opening of another Constitutional Convention to strengthen particular areas in the Constitution. That suggestion not being workable, he said, "The least you can do is guard it with a Bill of Rights!"
Young James Madison saw no need for a Bill of Rights since the new federal government was to exercise only those powers which were delegated to them. Henry said, "Let Mr. Madison tell me when did liberty ever exist when the sword and the purse were given up from the people? Unless a miracle shall interpose, no nation ever did, nor ever can retain its liberty after the loss of the sword and the purse." At first Madison could not envision the possibility of tyranny happening under this Constitution. Madison was blocked from taking a seat in the first Senate. That blow to one who had been the secretary of the Constitutional Convention caused him to re-think the probability of the danger. His promise to follow through with a proposed Bill of Rights garnered support for him to take a seat in the first House of Representatives. So it was that the Bill of Rights, palladium of man's natural rights, was finalized on Dec. 15, 1791 and it became the unrevokable and superior part of the Constitution. Patrick Henry placed all his hopes upon the vigilance of the people of the future to protect the liberty that he helped win in the War for Independence by their standing behind the Bill of Rights, forbidding any infringement or curtailment of not only the Second Amendment, but the sworn oath taken "to support and defend the Constitution".
Thomas Jefferson, our 3rd president, supported the idea of a Bill of Rights, confirming the authority of the people by saying: "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." May the words Patrick Henry spoke always be heeded through all the ages to come, as he cautioned: "Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel! Unfortunately, nothing will preserve it but downright force and whenever you give up that force, you are inevitably ruined!"
MILITIA OF MONTANA
DECLARATION
When, in the course of human events, it becomes necessary for the Citizens of this State, to exercise their right to protect and defend their lives, families, property and the right of this State to be free and independent, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to exercise their 2nd Amendment rights, which are guaranteed and protected by the Constitution of the United States of America.
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 (property). That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. The history of the present federal government is a history of the establishment of absolute power and control over the citizen's of the State of Montana, and' likewise, the rest of the several states of the union. To prove this, let facts be submitted to a candid world.
TRAIN OF ABUSES
("The Declaration of Independence of 1776" was used as the outline for the following "Train of Abuses". Present day examples and connotations have been added.)
The present federal government has bribed the several states and their local governments into obeying their rules and regulations (which are contrary to the Constitution of the State of Montana and the Constitution of the United States of America) or they would withhold any grants and/or funds to said governments (do this or else);
For deteriorating our abilities to trade with one another without _ federal intervention, manipulation and control;
For imposing taxes on us without our consent;
For depriving us, in many cases, of the benefits of trial by jury (all tax fore-closures) and the disadvantage deprived of proper defense;
For quartering large bodies of armed foreign troops among us and protecting them, by mock trials, from punishment for any murders which they have committed on the innocent inhabitants (Weaver, Waco, etc.) of these free and independent states;
The federal government has erected a multitude of new offices, and sent hither swarms of officers to harass our people and eat out their substance; often these officers being under foreign control and finance;
The federal government has given it's consent to agencies who have unconstitutionally plundered our homes, ravaged our property, burned our homes, and destroyed the lives of our people as well as murdering innocent citizens of the United States.
For endeavoring to take away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our government, which our Founding Fathers bled and died for; without the consent of the governed, which is their right as free and independent citizens;
The federal government has rendered the several states defenseless by taking away their militia from them (incorporated same in the national army), and is now in the process of disarming the unorganized militia by laws which are unconstitutional and detrimental to a free and independent State, thus, rendering the several states to all the dangers of invasion and convulsions from without as well as from within;
In every stage of these oppressions we have petitioned for redress in the most humble terms; to the judiciary, the legislative and the executive branches of this present government; our re-peated petitions have been answered only by repeated injury.
Nor have we remained silent to our fellow citizens. We have warned them from time to time of the usurpations and travesties that this present federal government has done to them and continues to do to them; Some have listened; Some have not;
This present federal government has, by its actions, declared war upon its citizens;
As our fellow citizens have not consented to altering or abolishing the form of government guaranteed to us through the Constitution of the United States of America and the Constitution of the State of Montana, we, therefore, the able-bodied citizens of the State of Montana, do , by and through the authority of the citizens of the State of Montana and the citizens of the several States united, have the right to protect and defend our lives, families, property and the right of the State of Montana to be a free and independent State, in the form our Founding Fathers enacted for our use;
THE FEDERALIST PAPERS,
No. 28_Hamilton_The militia is a voluntary force not associated or under the control of the state except when called out; a permanent or long standing force would be entirely different in make-up and call.
No. 46_Madison_The highest number to which a standing army can be carried in any country does not exceed one hundredth part of the number of the 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 affection and confidence. It may well be doubted whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Besides the - advantage of being armed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit to. The governments of Europe are afraid to trust the people with arms. If they did, the people would certainly shake off the yoke of tyranny, as Americans did. 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 de-based subjects of arbitrary power would be to rescue theirs from the hands of their oppressors.
No. 69_Hamilton_The president, and government, will only control the militia when a part of them is in the actual service of the federal government, else, they are independent and not un-der the command of the president or the government. The state would control the militia, only when called out into the service of the state, and then the governor would be commander in chief where enumerated in the respective state constitution.
AUTHORITY
CONSTITUTTON OF THE UNITED STATES
OF AMERICA
Article Section 8.
Powers granted Congress
#15. Calling Out Militia. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrection and repel Invasions;
#16. Regulating Militia. 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 to the discipline prescribed by Congress;
Article II. Section 2.
Powers of the President
1. Military Power; Executive Departments; Reprieves and Pardons. 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;
Amendment H.
Right to Keep and Bear Arms
People Retain Rights to a Militia. 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.
Amendment IX.
Enumeration of Rights
Certain Rights Retained by the People. The enumeration of certain rights, shall not be construed to deny or disparage others by the people.
Amendment X.
Reservation of Rights
Rights Reserved to State or People. 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.
The Constitution of the United States of America is to be interpreted by the intent of the writers of the Constitution, at the time it was written, as per James Madison, primary author and supreme expert on the Constitution:
"do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government."
CONSTITUTION OF THE STATE OF MONTANA
Article II. Section 3
Inalienable rights. All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights or pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health, and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.
Article II. Section 12
Right to bear arms. The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.
Article VI. Section 13
Militia. (1) The governor is commander-in-chief of the militia forces of the state, except when they are in the actual service of the United States. He may call out any part or all of the forces to aid in the execution of the laws, suppress insurrection, repel invasion, or protect life and property in natural disasters.
(2) The militia forces shall consist of all able-bodied citizens of the state except those exempted by law.
Article II. Section 34
Unenumerated Rights. The enumeration in the constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people.
Article VI. Par. 2
Constitution of the
United States of America
Law of the Land. 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, and anything in the Constitution or Laws of any State to the Contrary notwithstanding.
DUTY
"Nothing will ruin this country if the people themselves undertake its safety. Nothing will save it if they leave it in any hands but their own."
-- Daniel Webster
"As Americans, we cannot but believe that our political creed goes down in its foundations to the solid rock of truth...Thus the DUTY rests today, more heavily than ever, upon each American citizen to make good to the world those principles upon which this government was built."
-- Winston Churchill
"When governments fear the people there is liberty. When the people fear the government there is tyranny."
-- Thomas Jefferson
"A Government which will turn its tanks upon its people, for any reason, is a government with a taste of blood and a thirst for power and must either be smartly rebuked, or blindly obeyed in deadly fear."
-- John Salter
"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."
-- Thomas Jefferson
"The only thing necessary for the triumph of evil is for good men to do nothing."
--Edmund Burke
INTENT
We, the able-bodied Citizen's of Montana, hold these Truths to be self-evident, that when government is instituted among men for the purpose of protecting their rights and liberties, turns against the people that empowered it, and strives to take away their rights and liberties, it is the DUTY of man to put on the cloak of liberty for the sake of protecting man-kind from government that is out of control and that has transformed itself into a Tyrant. Just as our Founding Fathers of this Country shook off their shackles of bondage, so must we.
THEREFORE, we, hereby solemnly publish and declare that as free, able-bodied Citizens of the State of Montana do hereby pledge to exercise our right to protect and defend our lives, families and properties, by and through the authority of the free people of this state and of this nation; and to further this protection, we hereby form as members of the unorganized militia of the State of Montana, a volunteer organization to be known as the "Militia of MontanaCounty, Unit".
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