When I started this blog, I never thought I’d be writing about militias. It was meant to be a meeting place of different Christian churches and organizations to help each other. I wrote “Right to be Salty” because I was told that Christians had to follow the government, even if it meant their harm. I knew that not to be true. In “The Right to be Salty”, I was able to show the truth of our rights and responsibilities. That blog inspired a friend to ask me to write more on militias. In focusing on the militias, I was surprised at what I found. The militias aren’t what we were told.
The most common place to start is the second amendment. It’s the most known section mentioning the Militia. In this paper Militia is capitalized because it is a proper noun, it is a government organization.
Second Amendment
“A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
To start off with the Militia is “well-regulated.” The question is then, “who is regulating it?” That is a complex answer because of the checks and balances. Before we address the checks and balances, I must rectify the incomplete view of the government that we have been taught.
When we think of the governments, we say Federal and State. There are also the People (Militia), which is in authority over the State and Federal governments, but also dependent on them. This forms a layer of checks and balances. James Madison lays this out most succinctly:
The State and Federal governments are in submission to the Armed People (Militia). However, it isn’t a one-way street. The States have the obligation to provide officers as mentioned by Madison and detailed in Section 1 Article 8 of the Constitution. Article 8 also says that the State is responsible in training the Militia. So, through the officers and training the State has a level of control over the Militia.
| “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions. 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;” |
Wait, there’s more! The federal Government has their hand in the responsibilities as well. According to the same section, Congress has a say in how they are trained. They are also to “provide for organizing, arming…” In other words, they pay the expense of the Militia. This way a poor state has the same level of Militia as a richer state. It also gives them the power to cut funds if a militia goes rouge.
Congress does not do the organizing but provide the funds for it. The States do the organizing, that is the job of the officers the State provides. Congress is also to supply weapons and the States train the People on how to use them. Congress also has the power to “discipline” rouge militias or members.
That’s not all. The President also has a say in the Militia! Congress can call the Militia, but it’s the President that is the Commander in Chief of the Militia in a national sense, but he must get permission in writing from State’s Governor. This will be covered more in the next section but wanted to show the balance of power here.
| “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; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments” |
Therefore, the concept of rogue militias roaming the countryside is a fairy tale told to scare adults into giving up their rights. The Militia is well-regulated and the safest government agency that you’ll interact with because the Militia is you!
The Second Amendment gives the purpose of the Militia, “being necessary to the security of a free State.” So, the question here is how?
From the Constitution’s Article 1 Section 8 tells us that Congress and President can call the Militia for three reasons: “execute the Laws of the Union, suppress Insurrections and repel Invasions.”
One may say that we have Police, National Guard, and the Military to do those tasks so the Militia is no longer needed. Let’s look at each argument.
Is the Militia replaced with Military? In Article 2 Section 2 it lists the military and Militia in the same line. “of the Army and Navy of the United States, and of the Militia of the several States” So the founders saw the need of the Militia along side of the military. In this relationship the Militia was a support role to the military when the enemy reached our shores. This was happening in the founder’s time and they provided for the occasion. Just because we haven’t been invaded here in a long time, doesn’t mean it won’t happen.
Is the Militia replaced with the national guard and police? These institutions cover the need for enforcing laws and stopping insurrection. There are two argument I would like to make here. The first being the same backup as the military needs. There are times when the police and national guard need help. In those cases, the Militia is there as backup reinforcements.
The second argument comes from Madison’s quote from above “to protect against ambitious government.” This is the overall PURPOSE of the Militia. What is listed in the Constitution are three USES of the Militia by the Federal Government. It is not a complete list of the Militia responsibilities. The police, National Guard, and Military cannot fulfill the purpose of protecting against an ambitious government. These institutions are in submission to the executive branch. There is little they can do to stop tyranny without orders. Their main defense is that the executive branch knows that they can’t directly attack the America people with them. The military will not invade Ohio. That is a huge comfort. However, if they are ordered not to interfere, they will not. The summer of 2020 was a great example. In several cities, rioters destroyed property and hurt people. The police, National Guard, and military were ordered not to protect them, and they didn’t in those cities. In other cities, they could stop the rioters because they were allowed. This isn’t a slight to police and National Guard, but to show that they are limited by the government and they can’t protect us from a corrupt government. That was never meant to be their job.
This is where the Militia comes in. The Militia can act independently of the State and Federal governments to protect their cities from such violence. It is their responsibility to work under the Constitution and protect the people when the executive branches become corrupt. Remember, they are military trained and lead, so they have the power to protect the “Security of a free state.” They also have standing to bring charges against the governments when they act outside the constitution being that the State and Federal are a “subordinate government.” What the police are to citizens, the Militia is to the government.
Now the phrase, “the right of the people to keep and bear Arms” makes more sense. The arms that they can keep were not only their personal arms, but also those purchased by the Federal government. The people were military trained to use the arms by the State government, to protect themselves, their families, their property, and communities from all attacks whether foreign or domestic.
This right “shall not be infringed.” But it has. The States have not appointed officers and provided training. The Federal government does not arm them. These are constitutional responsibilities that cannot be legally denied. The Militia has been reduced to small groups of good men trying to carry on their Constitutional responsibilities alone. There may be some fringe people in them, however, that is the fault of the State and Federal government’s neglect.
This neglect has endangered our country. Congress and the President can’t call the Militia in an emergency, its not structured and the people not trained. Rioters have free reign in many cities and threaten to spread. With the term Militia being so defamed, few people are brave enough to discuss this topic publicly.