Constitutional mandates on Congress regarding the Militia
The United States is a country of liberty and our government, one of liberty regulated by law. Our founders were very concerned of a standing army, they just fought one! Also, they established a government to preserve the people’s liberties as evident in Article I, Section 8, Clause 15, the Militia clause. This identifies the militia as a state institution, separate from the Army and Navy. Not under the command of army or navy commanders, but under the president when called into the ACTUAL service. The only service is for: 1. Executing the laws of the union. 2. Suppressing insurrections and 3. Repelling invasions.
Article 1, Section 8, Clause 16- Organizing the Militia- …Provide for organizing, Arming and disciplining the militia and for governing such part of them as may be employed in the service of the US, Reserving to the states the appointment of the officers and the authority of training the militia to the discipline prescribed by congress. They recognized a common and consistent method of training for both the militia and the regular military. Disciplining means developing a standard for our training to be compatible with the military so we can effectively work together when “called into actual service”.
Article II, Section 2, has two parts-1. The President Shall be the Commander in Chief of the Army and Navy of the US… 2. The president shall be the commander in chief of the militia of the several states when called into actual service of the united states. So, congress is mandated to Provide for the General Welfare and the Common Defense of the several states as their Taxing Authority, nothing more nothing less. The second amendment designates the People as being the militia as being NECESSARY to maintain a free state! This is the only section in the constitution that says NECESSARY! Let that sink in.
The militia/people aren’t under the command of the military officers, they have their own officers appointed by the states. This is because we are not going to obey unconstitutional orders of a rogue president using a standing army against the people, we are the people. We were not to have a standing army more powerful then the overwhelming number of citizens armed and well regulated (Trained) as the military. The military budget is only for 2 years, as are to be the length of each House member. This was so if the house were to over fund the standing army to a point of concern, newly elected members could cut the budget so as to regain control over the “Military Industry”, as President Eisenhower so wisely warned us.
Instead, we have built an unconstitutional Executive Police state over the States that are doing only what the militia is to do as outlined in Article I, Section 8, Clause 15. This is the legal mandate on congress designed to keep enforcement with the people of the several states when needed. Not to create a fully armed and active executive police force such as the Department of Transportation, Department of Forestry, Department of Alcohol, Tobacco and Firearms, (Created by the IRS), the Department of Energy, the IRS, the BLM, the Department of Education, which has its own swat team to collect unpaid unconstitutional student loans etc. We have FEMA, and the Department of Home Land Security that has an armed force. Most of these departments have an armed force and some version of a swat team. In other words, we have created outside the direction of congress, an administrative paramilitary force directly under the president and are working overtime to disarm the militia, which is us. This should alarm you.
Every attempt made by congress to disarm or limit our ability of the people to have “arms”, this isn’t limited to AR 15’s but arms equal to military armament, is a violation of their constitutional mandate to “Provide for the Common Defense and General Welfare” of the several states. It is a violation of their mandate to Organizing, (because it already exists in the states with our own officers) arming, and disciplining, the Militia. They are to PROVIDE for the arming, not arming us, we do that ourselves. They are to make it accessible for us, not take it away. They are violating their oaths and the law!
What they are doing is weakening the United States and making us vulnerable as a country.
Candidate for Arizona House of Representatives, LD 21