Militia of the Several States

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Proposed Uniform Rules and Resolutions

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Reserved Militia of the Several States

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
.”

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These are the resolutions and uniform codes for the reserved Militia of the Several States, established on _____________ 2020 pursuant to the 2nd Amendment:

Preamble—The militia being necessary to the security of a free State shall consist of every able-bodied male citizen of the respective States and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen years of age, and shall be divided into two classes-the “Organized Militia” and the remainder to be known as the “Reserve Militia,” a/k/a the “Unorganized Militia. Whose purpose is to “Insure Domestic Tranquility” and “Secure the Blessings of Liberty” by being prepared to suppress insurrections and repel invasions[1] and, protect the unalienable rights of the People of their respective state by supporting the responsibilities that our United States Constitution delegates. “The safety and prosperity of nations Ultimately and Essentially depend on the protection and blessing of Almighty God; and the national acknowledgment of this truth is not only an indispensable duty, which the people owe to Him, but a Duty whose natural influence is favorable to the Promotion of that morality and piety, without which social happiness cannot exist, nor the blessings of a free government be enjoyed.”[2]

Whereas, We the People of these Several States recognize that our Heritage is Common Law (rule by the mind of our Creator) and our inheritance is Liberty. The Militia, being the Sovereign People themselves the guardians of our Constitution, who's prime directive is to secure Common Law and watch for the stealthy encroachments upon the fruit of our heritage, being Liberty by the Grace of God and not man.

Whereas, We the People of these Several States recognize and declare the exclusive necessity of our Militia to the security of our State in freedom and are:

Resolved that, We the People of these Several States recognize and declare that our United States Constitution is an affirmation of our State’s common-law Militia;

Resolved that, We the People of these Several States recognize and declare that the Congress and presidents must draw their authority only from our U.S. Constitution, that said Constitution and each of the several States hold their authority direct from the People of the several States, and that the Militia of each State comprise the People of that State;

Resolved that, We the People of these Several States recognize and declare that our U.S. Constitution arranges duties under its four Militia Clauses among four classes of men: congressmen, State legislators, U.S. presidents, and individual Americans;

Resolved that, We the People of these Several States recognize and declare that we, the People of the several United States of our Union, by our U.S. Constitution, have delegated to the President certain, yet limited, responsibilities respecting the Militia of the several States;

Resolved that, We the People of these Several States recognizes concurrent jurisdiction of the Militia of the several States: this State’s Governor having jurisdiction of this State’s Militia, while the President of the United States also has jurisdiction, under the restraints and according to the standards and rules our U.S. Constitution and Congress has set for him;

Resolved that, We the People of these Several States recognizes this concurrent jurisdiction of the Militia of each State arises from an incontestable dual sovereignty of each of the several States and of the United States;[3]

Resolved that, We the People of these Several States recognizes our United States Constitution charges Congress alone with providing rules for calling forth the Militia;

Resolved that, We the People of these Several States recognizes our United States Constitution limits the reasons a president can call the Militia of the several States or any part of these into the service of the United States to only three: (1) to execute the Laws of the Union, (2) suppress Insurrections and (3) repel Invasions;[4]

Resolved that, We the People of these Several States recognizes our United States Constitution gives the President authority over any member of this State’s Militia only when called into the actual Service of the United States;[5]

Resolved that, We the People of these Several States recognizes our United States Constitution reserving each State, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;[6]

Resolved that, We the People of these Several States recognizes each State, accordingly, has the common-law responsibility to provide practical standards for its Militia: the kind of firearm and amount of ammunition each Militiaman must himself provide himself, keep, and bear; the training, discipline, and skill with this firearm, to which he must attain at his cost; and any penalties for failure to so do;

Resolved that, We the People of these Several States recognizes our United States Constitution bars infringement of each and every individual’s God-given right to keep and bear arms, forbidding any act that interferes with this individual and fundamental right to keep and carry a gun;[7]

Resolved that, We the People of these Several States recognizes there is no other kind of fundamental right but individual;

Resolved that, We the People of these Several States recognizes our United States Constitution’s Amendment II states that security and freedom at the same time are possible only as each Militiaman of each State fulfills his duty in accord with our United States Constitution’s four Militia Clauses;[8]

Resolved that, We the People of these Several States recognizes in order for our State to have the security of a free State, Amendment II bars the national government or any State government from interfering (infringement) with any one of the People’s non-delegable right and duty to keep and bear arms;

Resolved that, We the People of these Several States recognizes Congress has neglected our United States Constitution’s mandate to provide rules for training the Militia of the several States;

Resolved that, We the People of these Several States recognizes the Militia of our several States and the offices it fills are unique from any standing army or police force; accordingly, each of our United States Constitution’s assignment of responsibilities respecting the Militia of the several States are non-delegable and un-assignable to any regular or reserve Army, Navy, or National Guard; or to any police force or other bureaucracy or government agent;

Resolved that, We the People of these Several States recognizes our United States Constitution’s recognition and affirmation of the Militia of the several States is the supreme Law of the Land;[9]

Resolved that, We the People of these Several States recognizes our United States Constitution requires each State to organize, discipline, and train its own Militia;[10]

Resolved that, We the People of these Several States recognizes both Congress and the several States have neglected and violated the mandates of the People by our United States Constitution’s four Militia Clauses;

Resolved that, We the People of these Several States recognizes our United States Constitution now depends upon no other class of persons to protect the rights and freedoms of the People and of this State except the Militia of the several States;

Resolved that, We the People of these Several States recognizes that States must never neglect its Constitution-required duty under our Second Amendment to never infringe upon the common-law right of the People to keep and bear arms, but to always encourage the People to keep themselves armed and skilled in the use of arms;

Resolved that, We the People of these Several States recognizes unless the People of these Several States fulfill and enforce our United States Constitution’s four Militia Clauses, the federal government will gain an unconstitutional monopoly of force and power, and will oppress both the States and the People—as is now seen;

Therefore, in recognition of the foregoing, We the People of these Several State hereby enact these States Militia Act: We reject the federal government’s unconstitutional monopoly of force and power and the oppression of We the People, and therefore We the Sovereign People at the grassroots level will rebuild the “Reserved Militia” in all 3134 counties, afterwards We the People will then enforce the United States Constitution’s four Militia Clauses, dividing the said voluntary militia into the Militia and the remainder of its members into the Reserved Militia.

The following are the uniform Codes for the reserved Militia of the several States necessary to Reestablish the American Militia Necessary to the Security of a Free and Independent State.

1) The Militia of this State includes every able-bodied male citizen of the respective States and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen years of age, dwelling within its boundaries and able-bodied to carry and fire a military weapon.

2) Militia duty in this State shall remain voluntary unless and until such time as the Several State’s legislature acts to make Militia duty mandatory for all able-bodied Militia members.

Becoming Available for Militia Duty

3) Any man may present himself as available for Militia duty by reporting to the leadership of the county wherein he resides, at the place and during the times said leadership designates.

4) Any man choosing to so report shall then provide in writing to the county militia leadership his name, address, and other contact information in order to enable quick response to summons, any personal skills useful for Militia duty, and his signature of acceptance that he will be placed upon his county’s roll of their State’s Militia.

5) When called upon, every able bodied male between the ages of 20 to 45 have a duty to respond. All others are voluntary.

6) Each Militiaman of this State, whether officer or non-officer, upon being enrolled, shall take the following oath or solemn affirmation:

I will support and defend the Constitution of this State and of the United States against all enemies, foreign and domestic; and upon being duly called and mustered into actual service of this State, will obey all “Lawful Orders” of the Sheriff, Governor of the respective State and of the officers placed over me; and upon being duly called and mustered into actual service of the United States, will obey all lawful orders of the President and of the officers placed over me.”

7) In no event shall any other oath be required of any Militiaman of their respective State.

8) By his signature and his oath, the volunteering Militiaman shall accept the responsibilities of Militia duty, according to the limitations of the U.S. Constitution and its lawful delegations.

9) Each Militiaman, upon having been sworn into this State’s Militia shall, within six months, purchase, at his own expense or otherwise lawfully acquire an M4 carbine weapon and 500 rounds of ammunition; and within one year of enrollment shall provide proof that he has, at his own expense, disciplined himself to safe handling of, care of, and marksmanship with said firearm.

10) Any federal law, regulation, executive order, act, or action infringing upon the right of any individual of this State to keep and bear arms, or upon any other constitutional duty or responsibility rationally related to Militia duty under our U.S. Constitution, shall have no force or effect over the members of the Several States Militia, regardless of whether any member in question is enrolled upon the Militia rolls of their State.

 Qualification of Militiamen and Officers

11) In no event shall any man be eligible to serve as a Militiaman or as a Militia Officer of the Several States who holds citizenship of any country other than the United States, owes or otherwise bears allegiance to any other sovereign on earth besides the Constitution of this State and the Constitution of the United States.

Organization and Choosing Officers

12) For purposes of organizing the Several States’ Militia, the Governor shall divide the State into three blocks of equally numbered contagious Counties—each of these three divisions having numerically equal numbers of Counties as close as is possible.

13) A county militia may be deemed a county reserved militia when they have twelve militiamen and come together to vote these codes and resolution.

14) After 30 days but before 60 days of the enactment of each County Militia, the Militiamen having been placed on the rolls of each county shall elect by majority vote their own county’s Militia officers. Each Militiaman of each county shall be entitled to one vote for any officer these codes empower him to choose. The bodily presence of three quarters of a county’s enrolled Militiamen shall constitute a forum for purposes of any vote taken to choose officers. Vote by proxy, telephone, mail, e-mail, or any other way other than by secret ballot of those personally present shall never be allowed.

15) The enrolled Militiamen of each county shall elect and appoint by secret written ballot, one officer at the head of their county.

16) The Militiamen of each county shall be divided into companies according as near as is possible to contiguous precincts within each township, with the Militiamen electing an officer for each company, defined as follows.

17) Each county officer shall divide his township’s precincts into contagious groupings in fulfillment of this Code. Each company shall choose its own officer to be under the command of that township’s officer.

18) Thus, any county enrolling 100 Militiamen or less shall constitute one company under the command of the county officer of their choosing. Counties enrolling 101 to 200 Militiamen shall constitute two companies of equal numbers, or as nearly equal as possible. Counties enrolling 201 to 300 Militiamen shall divide into three companies of equal numbers or as nearly equal as possible, with each company choosing its own officer to be under the command of the township officer. Counties enrolling 301 to 400 Militiamen shall divide into four companies of equal numbers, or as nearly equal as possible, with each company choosing its own officer to be under the command of the county officer and so on as more numbers of enrolled Militiamen require.

19) Each company officer shall further divide his company into squads of twelve and he, and no other, shall choose and appoint one petty officer over each squad.

20) County officers, upon being chosen and appointed shall, within one month of their appointment and by the Governor’s writ designating the time, assemble at their County’s courthouse and shall each cast one secret ballot for commanding officer of their County’s Militia. The bodily presence of three quarters of a County’s enrolled Militiamen shall constitute a forum for purposes of this vote. Vote by proxy, telephone, mail, e-mail, or any other way other than secret ballot of those personally present shall never be allowed.

21) As soon as ballots are counted and the results determined, the man receiving the most ballots shall be the commanding officer of that County’s Militia. Each ballot shall be counted in the sight of each Militiaman having voted, and he shall acknowledge the person chosen on each ballot.

22) Within another 30 days of the conclusion of the deadline for electing commanding officers for each County, all such County commanding officers, by the Governor’s writ designating the time, shall assemble at the State capital building where each officer shall cast his secret ballot for an officer to serve over his division of contagious Counties, as the State legislator has provided for herein, and directly under the Governor and his appointed State Militia commanding officer.

23) The bodily presence of three quarters of the State’s County Militia commanding officers shall constitute a forum for purposes of this vote. Vote by proxy, telephone, mail, e-mail, or any other way other than secret written ballot of those present shall never be allowed. No more Militia officers other than these designated above shall be chosen and appointed.

Calling Out and Mustering Into Actual Service

24) The Several States’ Legislature shall provide criteria mandatory for the Governor to use in deciding whether or not any purported necessity warrants calling out the Militia of this State or any part of it.

25) The Governors of the Several States may summon and muster the Militia of their respective State or any part of it into actual service to execute the Laws of the State, the Laws of the United States, suppress Insurrections and repel Invasions but only according to the criteria the respective State’s Legislature has previously provided for the Governor to use to make such decision.

26) In no event shall any Militiaman be summoned and mustered into service of the United States other than to execute the Laws of the Union, suppress Insurrections and repel Invasions.[11] And only according to the criteria Congress has provided for the President to use in deciding whether or not the circumstances in question warrants calling out the Militia of the several States or any part of them.

Training and Pay

27) The Several States shall pay no Militiaman, regardless of rank or title, except for time spent in actual service of this State, having been duly summoned and mustered.

28) The Several States shall have the non-delegable authority to train the Militiamen on its county rolls, according to the discipline Congress has prescribed pursuant to the U.S. Constitution Article 1, Section 8, clause 16.

29) The Reserved Militia must attend monthly meetings at least twice a year and training at least once a year and any special meetings.

30) Each county shall create rules and requirements for the regular Militia until such time as the State Militia is thoroughly formed and becomes subject to state legislated statues and regulations.

 

 

— END —



[1] Article 1 Section 8 Clause 15, Article 1 Section 8 Clause 16.

[2] John Adams

[3] Printz v. U.S., 521 U.S. 898, 919 (1997).

[4] U.S. Constitution Article I, Section 8, clauses 15–16.

[5] U.S. Constitution Article I, Section 8, clauses 15–16.

[6] U.S. Constitution Article I, Section 8, clause 16

[7] U.S. Constitution Amend. II

[8] U.S. Constitution Article I, § 8, clauses 15–16; clause 16; U.S. Constitution Article II, 2, clause 1; Amend. II.

[9] U.S. Constitution Article VI

[10] Comparing U.S. Constitution Article 1, Section 10, clause 3; U.S. Constitution Amend. II, with Houston v. Moore, 18 U.S. 1 (5 Wheaton) (1820); U.S. v. Marigold, 50 U.S. (9 Howard) 560, 567 (1850)

[11] U.S. Constitution Article I, Section 8, clauses 15–16

Comments

Higinio Mendoza Jr's picture

It is presumed that everyone, is experted to now the law. It has been long held that, ingnorance of the law is not an excuse of a defense. The well established maxim that "He who fails to assert his rights - HAS NONE!", unequivocally establishes that just as a closed mouth never gets fed, "a matter must be expressed to be resolved."
Don't worry about the haters, that are just angry because the truth you speak contradicts the lies they live. (Dr. Steve Maraboli)