Theos-Talk Archives (June 1997 Message tl00452)

I think that the letter provided below has a pretty good legal and ethical
description of what a militia should be.  If a militia is what it is
supposed to be, it should have the same characteristics that are described
below.  I hope this answers a few questions regarding what a militia is
"supposed" to be and what it is "supposed" to do.

---
Jaqi.

"'As often as the question comes forward, the public attention will be
roused and attracted to the subject, by the party in opposition; and if
the majority should be really disposed to exceed proper limits, the
community will be warned of the danger, and have an oppurtunity of
guarding against it.  Independant of the parties in the National
Legislature itself, as often as the period of discussion arrived, the
State legislatures, who will always be not only vigilant, but suspicious
and jealous guardians of the rights of the citizens against encroachments
from the federal government, will constantly have their attention awake to
the conduct of national rulers, and will be ready enough, if any thing
improper appears, to sound the alarm to the people, and not only be the
voice, but, if necessary, the arm of their discontent...

..It is not easy to conceive a possibility that dangers so formidable can
assail the whole Union, as to demand a force considerable enough to place
our liberties in the least jeapordy, especially if we take into our view
the aid to be derived from the militia, which ought always to be counted
upon as a valuable and powerful auxiliary.  But in a state of disunion the
contrary of this supposition would become not only probable, but almost
unavoidable...'

---"The Federalist", by Hamilton.

  This tells me a few things that I have espoused of on militias and the
state which have eroded over time.
1.  The powers of the state work to serve the people, not only to
legislate our interactions with the federal government, but to also warn
the people and the militia of when the federal government is taking too
many liberties from the citizens.
2.  The militia can have powers over the state, but only when the state
takes too many liberties from its citizens.
   This puts the militia squarely in the field of the state, so the
argument that the militia is really meant as the uniformed services is a
fallacy.  It is truly the citizens' arm.  So if militias are not
necessarily wrong, what is wrong with the militias we have?
   The errant problem with the prevailing militias is their lack of
directed unity, the good militia does not know what the bad militia is
doing.  The doctrines of one militia do not even come close to the
doctrines of the other.  They are formed in the back doors of society and
whispered of in fear for if it is a militia, it is dangerous for the
community it is in.
   These beliefs are not necessarily true.  If the militia is formed
correctly, with the organization of it in a sound manner, the militia can
be the protectors of our way of life rather than the monstrosities many
have become.
   In the creation of a protectant auxiliary, rather than an oppressive
militia, the controlling factor must be, 1) The Constitution of the United
States, and 2) The Constitution of the state in which it resides.  If ANY
actions of the militia construe this with religion, or arrogant
discrimination, it is not working for the community, and the peoples of
the United States as a whole, of whom it represents.
   Being a constitutional militia, it would work in close proximity of the
state, its representatives, and known by the people of the community as
the helping hand, the protector, and, most of all, the friends, for the
militia is made up from those same people.  Friends and family of the
members themselves.  (At this notice, it shall be called by its
constitutional name, as an auxiliary)
   The part the state must play is the recognition that its auxiliary
represents the state and needs to be treated as an entity of the state,
not necessarily funded by the state, but as an overseer of its actions as
a representative of the state.  This does not mean that the state has the
authority to dis-ban the auxiliary, it means that the state and the
auxiliary together need to have the same objective in mind.  Particularly,
1) the sovereignty of the state as its own entity, and 2) the common
welfare of the residents of the state.
   The Governor of the state, being the commander-in-chief of the forces
for the state, is still the commander-in-chief of the auxiliary in matters
concerning foreign threats and terrorism within the state.  But only the
people themselves may order the resignation of the Commander of the
auxiliary pending hearings of resignation.
   If the commander of the auxiliary has credible evidence and is in
suspicion of the Governor of treasonable offenses, he or she will seek
audience with the leutenant Governor and the legislature on these matters.
If found to be true, the commander of the auxiliary will order the federal
marshal of the state in question to arrest the Governor in the name of the
people.
   At no time will the commander of the auxiliary give a writ of
declaration of war unless the state legislatures resign the sovereignty of
the state to any foreign or federal jurisdiction.
   If it is suspected that the state legislators are working to relenquish
sovereignty, then a writ of question and dissatisfaction will be placed
with the legislature and the judicial authorities of the state for
adjudication of the constitutionality of the suspect articles.
   The auxiliary must work closely with the people and maintain a positive
impression on their welfare in order that the people will realize that the
auxiliary is there for their benefit and a protector of their livelihood.
   If, in the event that any auxiliary member has commited or conspired to
commit terrorism or treason, that member will be stripped of all rank and
priviledges, and set before the state in judicial arrest until tried.  If
convicted, they will be banned from the auxiliary.  If innocent, they will
be fully reinstated to their previous rank and priviledges."