We are calling U.S. Code § 246 – Militia: composition and classes section b unconstitutional. It takes the part of the Militia the Congress has authority over and calls it “Organized.” The part of the Militia that is of the people and to protect the people from over ambitious government as “unorganized.” The second amendment does not allow this distinction. The whole Militia is to be “well regulated” or “Organized.” The whole Militia is to be trained and armed, this is the right of the people. The effect of this Code was to “defund the police” over the government. It is currently illegal for militias to do anything to make themselves look official, or to give anyone the idea that they have authority. The people have the right to a Militia, “being armed, which the Americans forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.” We have a right to this barrier against the government. It is well-organized, well-armed, and official. It is not a police force over the people, but the government. However, when the government doesn’t act to protect the people, the militia can step in to protect against harm.
| 10 U.S. Code § 246 – Militia: composition and classes (a)The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard. (b)The classes of the militia are— (1) the organized militia, which consists of the National Guard and the Naval Militia; and (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia. (Aug. 10, 1956, Ch. 1041, 70A Stat. 14, § 311; Pub. L. 85–861, § 1(7), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103–160, div. A, title V, § 524(a), Nov. 30, 1993, 107 Stat. 1656; renumbered § 246, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) |
We are calling Wisconsin Law 321.30 unconstitutional. The National Guard is not capable defending the people against the government as illustrated above. Therefore, it cannot be the whole of the organized Militia. A branch of the Militia lead by the people must be instituted. It must be organized and armed to defend the people from ambitious governments.
| 321.30 Composition of national guard. (1) The organized militia of this state shall be known as the “Wisconsin national guard” and shall consist of members commissioned or enlisted in accordance with federal law or regulations governing the national guard. (2) The Wisconsin national guard shall consist of the army national guard and the air national guard. History: 1975 c. 189; 1983 a. 27; 2003 a. 69; 2007 a. 200 s. 16; Stats. 2007 s. 321.30. |
We are calling the State legislatures to start the process of forming the true Militia by appointing officers for organization and training. These officers will unite the existing local militias and help form militias in each county. The officers will see that each militia is properly trained. If the State Legislature does not appoint officers, the people shall choose their own.
We are calling the Federal government to fulfill their responsibilities and provide funds for training and arming the Militia.