“fundamental principles of the Constitution can never be unimportant, and, indeed, may well be regarded as "absolutely necessary to preserve the advantages of liberty, and to maintain a free government." Thomas M. Cooley Constitutional Limitations (1868)
“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." The People Bill of Rights (1791)
Some notes:
- Every term used in the Constitution means the same thing each time it appears.
-There are only six “American” permanent institutions recognized in the Constitution: We the People (of the United States, and of the several States), the States, the United States, the Congress, the President, the Supreme Court, and the Militia of the several States.
- Only four of these institutions pre-date the Constitution: We the people, the States, the United States, and the Militias of the several States.
- The Constitution did NOT create the States, did not create the Militias, and derives its very status as “the supreme Law of the Land” from We the people. The Constitution also did NOT create, or grant, rights.
- There is/was no “federal militia” recognized by the Constitution – none, ever; it is not mentioned, not recognized, not created, and not provided for. The National Guard is NOT the Militia of the several States, for it is federal in creation, federal in funding, serves as the Reserve for the federal Armies and Air Force, it serves overseas, and in other manners not specified by the Constitution.
- There are separate provisions for Congress to raise and support “Armies”, to provide and maintain (up-keep) a “Navy”, “to make Rules for the Government and Regulation of the land and naval Forces” just noted, and there is a mention of “Troops” not allowed to be kept by States; none of these entities are Militia, none are mandated as necessarily permanent, nor are they assigned specific roles.
- The right of the people to keep and bear arms, like all rights, was not created by the constitution or the Bill of Rights. Like all Rights, this one too pre-dates these documents.
Why the Militias of the several States are important:
The duties of the “Militias of the several States” are spelled out in the Constitution; their importance is further recognized, and their capabilities further protected, in the 2nd Amendment. They are, under the command of the President whenever Part of them may be called forth:
- To execute the Laws of the Union
- To suppress Insurrections, and
- To repel Invasions.
Militias are additionally recognized:
- as being necessary to the security a free State, and
- its members not subject to the protection of Grand Jury clause of the V amendment ONLY, and ONLY "when in actual service in time of War or public danger".
It is no coincidence that these purposes fit in exactly with the guarantees the United States make to the States, as enumerated in Article 4, Section 3, to wit:
- “guarantee to every State in th[e] Union a Republican Form of Government” (the security of a free State against tyranny)
-“protect each of them against Invasion”, (repel invasions)
-“protect them against domestic Violence.” (suppress insurrections)
The Militias’ duties also serve to execute/ensure much of the purpose of the Constitution itself as enumerated in the Preamble:
- to establish Justice (execute the Laws of the Union)
- insure domestic Tranquility (suppress Insurrections)
- provide for the common defence (repel Invasions)
- to secure the Blessings of Liberty to ourselves and our Posterity (the security of a free State, of a free people, against tyranny)
The absolute importance and permanency of the role of the Militias is confirmed by the wording in the declaratory clause of the 2nd amendment, where it is stated “a well-regulated Militia being necessary to the security of a free State”. Note “being necessary”; not “being one of the ways”, not “being the best way”, but “being necessary” – this clause states that the Militia of a State is required so that State can be free. Remember there were only 13 Militias in 1791, all of them State Militias.
So, as articulated in “the supreme Law of the Land”; “the Militia of the several States" are constitutionally mandated to provide security against all "Insurrections” & “domestic violence", to provide defense against "Invasions", to ensure the “the Laws of the Union” are executed; and are recognized as being necessary to secure “a Republican form of government”, and “a free State”.
The importance of the Militias can not be understated; nor can the vital role they are required to fulfill. Their purpose defines why "every...terrible implement of the soldier, are the birthright of an American."
What are the Militias?
So we know they are important. What then were the Militias? Who are they now? Well, quite simply, they are us! Although State Militias pre-date the Constitution and the Militia Act of 1792, it makes some sense to refer to the latter document to see what was common practice at that time, and understood to continue "at the federal level": “each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years…[exemption] shall severally and respectively be enrolled in the militia”. It should be noted that the emphasized section has expanded to include most citizens. Hence, We the people ARE the militia. WE are the ones given such awesome duties as those described above. It makes perfect sense, doesn't it? After all, “we the people” are the source of all power in the government. WE are the “all men that are created equal” mentioned in the Declaration of Independence. WE are the ones “endowed by their Creator with certain unalienable Rights,…among these are Life, Liberty and the pursuit of Happiness”. WE are the ones who decided that “in order to secure these Rights, Governments are instituted among Men”. WE are the ones consenting to be governed, and the ones from whom governments derive “their just powers”. It is perfect common sense that WE who hold the power are recognized and required to be the ones to secure it; WE are the ones to protect OUR liberties and to protect OUR Rights, whenever necessary.
Like the Declaration of Independence, the Constitution recognizes the importance of the people being the ultimate authority, and so secures the power and importance of the citizen, of the people, of the Militias. It mandates that Congress shall have power “to provide for calling forth the Militia”, which they first did in the Militia Act, so WE can “execute the Laws of the Union, suppress Insurrections and repel Invasions”. It mandates that WE would always have the capability of fulfilling those functions by securing to the people the Right to bear arms by giving Congress the power to “provide for organizing, *arming, and disciplining, the Militia”. The 2nd amendment additionally articulates and protects these capabilities; it declares that in order to fulfill their duties, it is necessary that the Militias of the several States be well-regulated…i.e. they MUST to be well-armed and well-trained…they MUST be “under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated Militia”. Further, the 2nd amendment restricts all governments (it is the Supreme Law of the Land) primarily from interfering with the roles of the Militias, by specifically protecting an unalienable and individual Right of ALL the people - to keep and bear arms.
*A little clarification is required here: note that Art 1 Sec 8 clause 16 says Congress has the power “to provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them in service”. It was NOT the government’s role to actually arm the Militias, only to provide how that was to be accomplished. Read the Militia Act of 1792 to see how this was provided for, just as it always had been - by the individual himself: “...That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges”. This too makes sense. Some may wonder why the people would not mandate that the government provide the arms. It is obvious. The Militia’s vital roles include its use in guaranteeing to the States “a Republican Form Of Government”; ensuring the security of a free State, and in securing to the people their freedom and their Rights; it was seen that a free State, the free people, would be pitted against one of the three threats to that freedom and injustice: insurrection, invasion, or usurpation and tyranny. The most likely usurper, the most likely tyrant to be faced would be (of) the government! Obviously We the people would NOT allow those would-be tyrants to control the flow of arms in any way, not the flow to those very individuals who would find it necessary to oppose them, whose duty it was to oppose them – US! What good could the Militias serve if the tyrant held the key to their arms? Individually the people would arm themselves, and as the Militia they would fulfill their duty.
“A free republic will never keep a standing army to execute its laws. It must depend upon the support of its citizens” Yates Brutus 1 (1787)
Many of the ideas in the post come from THE MILITIA OF THE SEVERAL STATES" by Dr. Edwin Vieira, Jr. Well-regulated from Hamilton Federalist #29, the rest self-evident.
“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." The People Bill of Rights (1791)
Some notes:
- Every term used in the Constitution means the same thing each time it appears.
-There are only six “American” permanent institutions recognized in the Constitution: We the People (of the United States, and of the several States), the States, the United States, the Congress, the President, the Supreme Court, and the Militia of the several States.
- Only four of these institutions pre-date the Constitution: We the people, the States, the United States, and the Militias of the several States.
- The Constitution did NOT create the States, did not create the Militias, and derives its very status as “the supreme Law of the Land” from We the people. The Constitution also did NOT create, or grant, rights.
- There is/was no “federal militia” recognized by the Constitution – none, ever; it is not mentioned, not recognized, not created, and not provided for. The National Guard is NOT the Militia of the several States, for it is federal in creation, federal in funding, serves as the Reserve for the federal Armies and Air Force, it serves overseas, and in other manners not specified by the Constitution.
- There are separate provisions for Congress to raise and support “Armies”, to provide and maintain (up-keep) a “Navy”, “to make Rules for the Government and Regulation of the land and naval Forces” just noted, and there is a mention of “Troops” not allowed to be kept by States; none of these entities are Militia, none are mandated as necessarily permanent, nor are they assigned specific roles.
- The right of the people to keep and bear arms, like all rights, was not created by the constitution or the Bill of Rights. Like all Rights, this one too pre-dates these documents.
Why the Militias of the several States are important:
The duties of the “Militias of the several States” are spelled out in the Constitution; their importance is further recognized, and their capabilities further protected, in the 2nd Amendment. They are, under the command of the President whenever Part of them may be called forth:
- To execute the Laws of the Union
- To suppress Insurrections, and
- To repel Invasions.
Militias are additionally recognized:
- as being necessary to the security a free State, and
- its members not subject to the protection of Grand Jury clause of the V amendment ONLY, and ONLY "when in actual service in time of War or public danger".
It is no coincidence that these purposes fit in exactly with the guarantees the United States make to the States, as enumerated in Article 4, Section 3, to wit:
- “guarantee to every State in th[e] Union a Republican Form of Government” (the security of a free State against tyranny)
-“protect each of them against Invasion”, (repel invasions)
-“protect them against domestic Violence.” (suppress insurrections)
The Militias’ duties also serve to execute/ensure much of the purpose of the Constitution itself as enumerated in the Preamble:
- to establish Justice (execute the Laws of the Union)
- insure domestic Tranquility (suppress Insurrections)
- provide for the common defence (repel Invasions)
- to secure the Blessings of Liberty to ourselves and our Posterity (the security of a free State, of a free people, against tyranny)
The absolute importance and permanency of the role of the Militias is confirmed by the wording in the declaratory clause of the 2nd amendment, where it is stated “a well-regulated Militia being necessary to the security of a free State”. Note “being necessary”; not “being one of the ways”, not “being the best way”, but “being necessary” – this clause states that the Militia of a State is required so that State can be free. Remember there were only 13 Militias in 1791, all of them State Militias.
So, as articulated in “the supreme Law of the Land”; “the Militia of the several States" are constitutionally mandated to provide security against all "Insurrections” & “domestic violence", to provide defense against "Invasions", to ensure the “the Laws of the Union” are executed; and are recognized as being necessary to secure “a Republican form of government”, and “a free State”.
The importance of the Militias can not be understated; nor can the vital role they are required to fulfill. Their purpose defines why "every...terrible implement of the soldier, are the birthright of an American."
What are the Militias?
So we know they are important. What then were the Militias? Who are they now? Well, quite simply, they are us! Although State Militias pre-date the Constitution and the Militia Act of 1792, it makes some sense to refer to the latter document to see what was common practice at that time, and understood to continue "at the federal level": “each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years…[exemption] shall severally and respectively be enrolled in the militia”. It should be noted that the emphasized section has expanded to include most citizens. Hence, We the people ARE the militia. WE are the ones given such awesome duties as those described above. It makes perfect sense, doesn't it? After all, “we the people” are the source of all power in the government. WE are the “all men that are created equal” mentioned in the Declaration of Independence. WE are the ones “endowed by their Creator with certain unalienable Rights,…among these are Life, Liberty and the pursuit of Happiness”. WE are the ones who decided that “in order to secure these Rights, Governments are instituted among Men”. WE are the ones consenting to be governed, and the ones from whom governments derive “their just powers”. It is perfect common sense that WE who hold the power are recognized and required to be the ones to secure it; WE are the ones to protect OUR liberties and to protect OUR Rights, whenever necessary.
Like the Declaration of Independence, the Constitution recognizes the importance of the people being the ultimate authority, and so secures the power and importance of the citizen, of the people, of the Militias. It mandates that Congress shall have power “to provide for calling forth the Militia”, which they first did in the Militia Act, so WE can “execute the Laws of the Union, suppress Insurrections and repel Invasions”. It mandates that WE would always have the capability of fulfilling those functions by securing to the people the Right to bear arms by giving Congress the power to “provide for organizing, *arming, and disciplining, the Militia”. The 2nd amendment additionally articulates and protects these capabilities; it declares that in order to fulfill their duties, it is necessary that the Militias of the several States be well-regulated…i.e. they MUST to be well-armed and well-trained…they MUST be “under arms for the purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated Militia”. Further, the 2nd amendment restricts all governments (it is the Supreme Law of the Land) primarily from interfering with the roles of the Militias, by specifically protecting an unalienable and individual Right of ALL the people - to keep and bear arms.
*A little clarification is required here: note that Art 1 Sec 8 clause 16 says Congress has the power “to provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them in service”. It was NOT the government’s role to actually arm the Militias, only to provide how that was to be accomplished. Read the Militia Act of 1792 to see how this was provided for, just as it always had been - by the individual himself: “...That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges”. This too makes sense. Some may wonder why the people would not mandate that the government provide the arms. It is obvious. The Militia’s vital roles include its use in guaranteeing to the States “a Republican Form Of Government”; ensuring the security of a free State, and in securing to the people their freedom and their Rights; it was seen that a free State, the free people, would be pitted against one of the three threats to that freedom and injustice: insurrection, invasion, or usurpation and tyranny. The most likely usurper, the most likely tyrant to be faced would be (of) the government! Obviously We the people would NOT allow those would-be tyrants to control the flow of arms in any way, not the flow to those very individuals who would find it necessary to oppose them, whose duty it was to oppose them – US! What good could the Militias serve if the tyrant held the key to their arms? Individually the people would arm themselves, and as the Militia they would fulfill their duty.
“A free republic will never keep a standing army to execute its laws. It must depend upon the support of its citizens” Yates Brutus 1 (1787)
Many of the ideas in the post come from THE MILITIA OF THE SEVERAL STATES" by Dr. Edwin Vieira, Jr. Well-regulated from Hamilton Federalist #29, the rest self-evident.
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