Having posed this question on other threads, I get into trouble mostly but, after 21 years, I don't think I know what the militia is. Somewhere either I or someone out there got it wrong.
Most militia sites begin telling you what the militia is in the context of either the Second Amendment and / or the federal statutes and state laws on militias.
Let's start with a few examples of what the word militia has meant:
"The body of soldiers in a state enrolled for discipline, but not engaged in actual service except in emergencies; as distinguished from regular troops, whose sole occupation is war or military service. The militia of a country are the able bodied men organized into companies, regiments and brigades, with officers of all grades, and required by law to attend military exercises on certain days only, but at other times left to pursue their usual occupations." Noah Webster's 1828 American Dictionary
"The body of citizens in a state (read jural society), enrolled for discipline as a military force, but not engaged in actual service except in emergencies, as distinguished from regular troops or a standing army."
Black's Law Dictionary Sixth Ed.
"1. An army composed of citizens rather than professional soldiers, called up in time of emergency. 2. A group of disaffected citizens, organized like an army, and opposing federal authority." Webster's New World Dictionary
From there, you can read quotes from applicable law and various other legal treatises. Here is an interesting view about the militia:
There are a myriad of problems we face to day as a militia:
1) The federal government has neglected the issue of unorganized militias
2) Some states have not only abandoned the state militias but, even outlaw so - called "paramilitary activity" (that's not a major problem however, since you can drive tractor trailer rigs through the legal loopholes in those laws)
3) We do not live in a de jure (legal) constitutional republic
4) The decision the Supreme Court is about to render on this subject may further muddy the "legal waters" making this issue even more murky than it is
5) The intent of the militias were to serve in the case of emergencies. When the government is acting outside of the bounds of their constitutional territory, would you not consider that an emergency?
6) If the government gives rise to the emergency, who then has control of the militia?
As you can tell, this is going to be a difficult topic to do but, if there's any interest, we will continue on.
United States Code
Sec. 311. 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.
MISSISSIPPI CODE OF 1972
As Amended
SEC. 33-5-1. Composition of the Militia.
The militia of the State of Mississippi shall consist of all able-bodied citizens of the state between the ages of seventeen (17) and sixty-two (62) years, who are not exempt by law of this state or of the United States, together with all other able-bodied persons who shall voluntarily enlist or accept commission, appointment or assignment to duty therein, subject to such classifications as may be hereinafter prescribed. The militia shall be divided into three (3) classes: The national guard, the Mississippi State Guard, and the unorganized militia. The unorganized militia shall consist of all persons liable to service in the militia, but not members of the national guard or the Mississippi State Guard.
A seventeen-year-old person shall not be allowed to enlist or be assigned to duty without the written consent of both parents, if living, or one (1) parent if one (1) is deceased, or if both parents are deceased, the guardian of such person.
SOURCES: Codes, 1942, Sec. 8519-21; Laws, 1966, ch. 539, Sec. 11; 1973, ch. 310, Sec. 1, eff from and after passage (approved March 2, 1973). _________________ --------------------
"MedicineMan"
"If they come in the morning, I'll be right here."
-Mitch Walking Elk
"MILITIA - The original HOMELAND DEFENSE!!!"
- MedicineMan
Thanks for the post, Medicine Man. I know we are a "legal entity" in most states; however, we still live under a de facto (illegal) government that is never going to call us out.
Furthermore, if we respond to the other emergencies that threaten our nation, the gubmint would shut us down in a matter of days... so, what those emergencies be?
Warrantless search and seizure? Implementation of the Real ID Act? Gun Registration?
If the government isn't going to use us to assist in any "War on Terror" or such like; if we are not going to stand up against tyranny, oppression, and the assaults on the Constitution... then what are we, really?
Being a militia means simply being prepared in the manners that you have preescribed in some of your posts about skills and knowledge of militiamen. Whether or not the "government" meaning the elected officials, calls us out, doesn't matter. It's no where near organized enough for them to call out the militia, and there hasn't been a need with the National Guard and the rest of the government agencies. Our unorganized militias can still serve to protect our immediate communities in times of disaster. In other words, we don't have to be called out to exercise our right.
I am extremely concerned about what happened in New Orleans after Katrina as I am sure most of you are. We need to unite as people to eliminate this kind of governmental oppression from existence. So we all can agree on the 2nd Amendement.
Where this topic gets a little hairy is when we start talking about militias that advocate numerous political positions. Obviously we as Americans have multiple political views, as did the founding generation. You may not agree with everything the elected officials do. However, that is the nature of the constitutional order we live in. There are checks a balances in place. If they fail to meet your satisfaction, and yet the masses of people fail to do anything about it, then the system has not failed, the people have.
By that same token, the government is running in a legal manner. I would like to discuss further with you about how you think the government is a defacto government.
Don't get me wrong, we will agree 90% about what we like and dislike when it comes to America. We probably just see the legal issues in different lights. Perhaps you will enlighten me more, and vise versa. Look forward to it.
ok ... so, leave it to the "newbie" and her dumba$$ assertions ... but with our troops being spread so thinnly in other nations ... defending & protecting THEM ... WHO'S PROTECTING US!!?!?!?!?!?! Who's protecting OUR soil, OUR citizens ... OUR RIGHTS??? Can't say that it's the National Guard, because most of them are in the Middle East. Can't say that it's our Active Duty Soldiers ... because they are all in the Middle East ... lol ... or South Africa. To me, jmo ... but that's why the Militias are so dang important ... if, by some un-Godly chance there's another attack on OUR soil ... or worse an invasion ... NO ONE'S LEFT *BUT* THE MILITIA!! Organized or not ... it's all we have ... it would take an act of congress, followed by an act from God to get all of our "qualified" troops home to protect us ... it'd all be done and over & we'd be enjoying the "luxuries" of "communism" (sp?) by the time we could get them all home .... _________________ Peace Be Unto You, Given By The Hand Of God ... Enforced By The Country You Love!
I say the same thing as you and generally suffer a lot of beat downs by people who are in the militia. We continue to hear how scared they are that the militia may become too "political." Had previous generations been so intimidated by charges of being too "political" there probably would have been no Magna Carta, Declaration of Independence - or even a Constitutional Convention.
As America slides into the abyss of totalitarian oppression, the Pharisees will come forward and try to convince us that things aren't really all that bad. And, at the other end of the spectrum, anyone who tries to enumerate the abuses will fall into the trap of being called too "political."
Serious questions remain: When does tyranny become tyranny? Will there ever be a time or cirucmstance when it's proper to say NO to unconstitutional acts? Now that we live under an illegal government, should we feel any obligation to rebel when God given liberties are at stake? If this government is willing to take up arms to prevent us from exercising Rights already secured by law, what obligation do we have to stand against it?
If our role is limited to being a relief agency for natural disasters and pretending to be an auxiliary of Homeland (IN)Security, I contend that we'd be better off giving up our guns, renouncing membership in any militia and getting involved in the Boy Scouts, Red Cross and supporting the Civil Air Patrol.
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