Posted on 02/27/2013 3:35:47 PM PST by marktwain
BOISE, Idaho – Lawmakers fearful the U.S. Supreme Court might one day reverse itself on the issue of individual gun rights aim to change the Idaho Constitution's definition of a militia to include all the state's adults.
That way, argued Sen. Jim Rice of Caldwell Wednesday in the Senate State Affairs Committee, the federal government could never swoop in and disarm residents.
(Excerpt) Read more at oregonlive.com ...
This is a good idea. I hope they introduce something like this in Texas.
isn’t that already the definition of a militia?
That’s a great thought especially for us old geezers.
They should go further than this and fund voluntary training subsidized by the state. States need their own forces to disuade the coming violence from federal agencies. The DHS didn’t buy 1.6 billion hollow points for nuthin’.
I think this can be improved somewhat. For example, the states have a direct relationship with the federal government in which the two have clearly defined “turf”; but counties have a direct relationship *similar* to that, but with their state, not the federal government.
In common law, the county Sheriff is the de facto head of the militia in his county, and as such, has the *equivalent* of county rights to his state. The state governor cannot order or compel his militia to conduct a state activity, for example, without his permission.
In past, the US Supreme Court has found that congress is superior to state legislature, and federal judges are superior to state judges, but it has *never* found that the president is superior to state governors. Thus when they are in contention, the only way the POTUS can enforce his will is with the US Army. (Last seen in the forced integration of Little Rock high school by the 101st Airborne Division against the Arkansas National Guard, under the direction of Orval Faubus, Bill Clinton’s mentor.)
And there is definitely an absence of federal law about federal authority over county governments and Sheriffs.
This is why the 10th Amendment movement has as one element the “Sheriffs first” resolution:
“A ‘Sheriffs First’ bill would make it a state crime for any federal agent to make an arrest, search, or seizure within the state without first getting the advanced, written permission of the elected county sheriff of the county in which the event is to take place.”
So what does this mean about declaring “All adult persons of good character are members of the militia”?
Simply put, instead of organizing them as a state militia, which can be done, the state constitutional amendment would be extra powerful if it did so “under the auspices of the county Sheriffs, as head of their county militias.”
That is, the state would declare adults to be militia members “of their respective counties of residence”. This would add TWO legal layers the feds would have to violate to confiscate their guns, which could only effectively be done if the feds confiscated the guns of all LEOs, and the National Guard and Reserves in the entire state.
The “able bodied” already are and always have been.
As there is a body in law known as the common law, there is also a body in law known as the militia laws; there being basic practices and principles of each over the millenia.
If you are able bodied, your state already has the power to order you to comply and report to The Muster.
It is because of that, that *most* of the wording of the Second Amendment surrounds in regard to being “well regulated” -— answering concerns of both federalists and states’ rights proponents question: “When mustered, what shall be the lawful use of the body of armed men?”
They must be answerable to civilian authority and well trained to Arms.
There is no great mystery here, except for all who fail to go back and read the old books about the history of the militia.
In a nutshell, if you can complete a basic obstacle course, and manage to maintain yourself in the field for two months (most able bodied can, to their surprise, though without the comforts of home), and you are proficient in the use of ‘military grade weapons,’ and you adhere to the military and civil authority of your militia’s chain of command ... then you *are* in your state’s militia.
It is not necessarily an all volunteer outfit.
That is great at the state level. The counties should deputise all leagal residents as another measure. Then tap that Federal money for AR-15s to issue to them all. Oh and get a share of thosr bullets they ordered.
I like the way he thinks!
“isn’t that already the definition of a militia?”
The traditional definition is male between 18 and ~45, this would expand the franchise to women and older folks.
-CITE-
10 USC CHAPTER 13 - THE MILITIA 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 13 - THE MILITIA
-HEAD-
CHAPTER 13 - THE MILITIA
-MISC1-
Sec.
311. Militia: composition and classes.
312. Militia duty: exemptions.
-End-
-CITE-
10 USC Sec. 311 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 13 - THE MILITIA
-HEAD-
Sec. 311. Militia: composition and classes
-STATUTE-
(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.
-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 14; Pub. L. 85-861, Sec. 1(7),
Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103-160, div. A, title V,
Sec. 524(a), Nov. 30, 1993, 107 Stat. 1656.)
-MISC1-
HISTORICAL AND REVISION NOTES
1956 ACT
In subsection (a), the words “who have made a declaration of
intention” are substituted for the words “who have or shall have
declared their intention”. The words “at least 17 years of age and
* * * under 45 years of age” are substituted for the words “who
shall be more than seventeen years of age and * * * not more than
forty-five years of age”. The words “except as provided in section
313 of title 32” are substituted for the words “except as
hereinafter provided”, to make explicit the exception as to maximum
age.
In subsection (b), the words “The organized militia, which
consists of the National Guard and the Naval Militia” are
substituted for the words “the National Guard, the Naval Militia”,
since the National Guard and the Naval Militia constitute the
organized militia.
1958 ACT
The words “appointed as . . . under section 4 of this title” are
omitted as surplusage.
AMENDMENTS
1993 - Subsec. (a). Pub. L. 103-160 substituted “members” for
“commissioned officers”.
1958 - Subsec. (a). Pub. L. 85-861 included female citizens of
the United States who are commissioned officers of the National
Guard.
-End-
-CITE-
10 USC Sec. 312 01/03/2012 (112-90)
-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 13 - THE MILITIA
-HEAD-
Sec. 312. Militia duty: exemptions
-STATUTE-
(a) The following persons are exempt from militia duty:
(1) The Vice President.
(2) The judicial and executive officers of the United States,
the several States, the Commonwealth of Puerto Rico, Guam, and
the Virgin Islands.
(3) Members of the armed forces, except members who are not on
active duty.
(4) Customhouse clerks.
(5) Persons employed by the United States in the transmission
of mail.
(6) Workmen employed in armories, arsenals, and naval shipyards
of the United States.
(7) Pilots on navigable waters.
(8) Mariners in the sea service of a citizen of, or a merchant
in, the United States.
(b) A person who claims exemption because of religious belief is
exempt from militia duty in a combatant capacity, if the
conscientious holding of that belief is established under such
regulations as the President may prescribe. However, such a person
is not exempt from militia duty that the President determines to be
noncombatant.
-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 15; Pub. L. 100-456, div. A,
title XII, Sec. 1234(a)(3), Sept. 29, 1988, 102 Stat. 2059; Pub. L.
109-163, div. A, title X, Sec. 1057(a)(7), Jan. 6, 2006, 119 Stat.
3441.)
-MISC1-
HISTORICAL AND REVISION NOTES
In subsection (a), the words “Members of the armed forces” are
substituted for the words “persons in the military or naval
service”. The words “except members who are not on active duty” are
inserted to reflect an opinion of the Judge Advocate General of the
Army (JAGA 1952/4374, 9 July 1952). The word “artificers” is
omitted as covered by the word “workmen”. The words “naval
shipyards” are substituted for the words “navy yards” to reflect
modern terminology. The words “on navigable waters” are inserted to
preserve the original coverage of the word “pilots”. The words
“actually” and “without regard to age” are omitted as surplusage.
AMENDMENTS
2006 - Subsec. (a)(2). Pub. L. 109-163 substituted “States, the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands” for
“States and Territories, and Puerto Rico”.
1988 - Subsec. (a)(2). Pub. L. 100-456 substituted “and Puerto
Rico” for “Puerto Rico, and the Canal Zone”.
-End-
http://uscode.house.gov/download/pls/10C13.txt
“That is great at the state level. The counties should deputise all leagal residents as another measure. Then tap that Federal money for AR-15s to issue to them all. Oh and get a share of thosr bullets they ordered.”
That is one idea, although we will have to figure out how to get around Federal requirements for what constitutes an eledgable deputiy.
Perhaps simply getting ourselfs defined under such clause might be more appropriated.
Although to be honest returning a civilization where everyone is responsibly for upholding the law and defending their neighbor is a nice idea.
I imagine the urbanies and/or leftist will have some issue with that.
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