When it comes to defending the People and the territory of the United States and its interests abroad, the military work for the Commander in Chief – the President of the United States. When it comes to defending the Constitution itself, the State Militias would be composed of the People, operations would be conducted by the People, and the resulting tranquility would be a benefit for the People. States’ Militia activity shall be audited by the National Board of Governors and shall provide the federal government with the perspective of the States with respect to internal security.

Any foreign nationals or foreign non-state actors detained as a result of State Militia activities shall not be able to claim protection under the Constitution, and shall be surrendered to federal custody for processing under federal law.

Congress has placed significant constraints on the domestic use of the U.S. military. The Posse Comitatus Act of 1878 generally prohibits the use of U.S. armed forces for “performing domestic law enforcement activities” and features criminal penalties for noncompliance. But lawmakers have enacted important exceptions that allow the use, in certain specified circumstances, of the military to enforce federal laws.

One is the Insurrection Act, originally dating to 1807, which allows the president to use the military when dealing with domestic rebellions. Widespread noncompliance with federal quarantines and travel bans promulgated under the Public Health Service Act may qualify as an insurrection.

The State Militias may be mobilized against organized criminal enterprises, unauthorized combatants, politico-theocratic organizations and subversive cabals operating within the several States that have proven to be beyond the capability of federal or State law enforcement agencies to combat or control. Such entities shall be classified as conducting insurrections, rebellions, revolutions and/or Constitutional subversions, shall not enjoy many Constitutional protections during such operations, and shall be confronted, contained and eliminated by State Defense Forces—the State Militias.

This requirement shall apply to such organizations and institutions as La Cosa Nostra, Russian-immigrant gangs, the Japanese Yakusa, Chinese tongs and triads, Salvadoran MS-13, national urban street gangs like the Bloods and Crips, Mexican and Latin American drug cartels, human trafficking cartels, radical-Islamic organizations, as well as domestic institutions and domestic subversive enterprises/cabals. The common threat to national and State sovereignty is that these organizations take and hold sovereign American territory or directly threaten Constitutional stability through violence, intimidation, political corruption, enticement, subversion and indoctrination not amenable to control by police forces.

Not to be overlooked in the aftermath of the Presidential election of 2016 is the progressive/liberal weaponizing of federal and State work forces, radical feminists and those on the public dole into intimidating ready-made mobs of trained, equipped and potentially violent demonstrators – on call for the progressive/liberal cabal to use in the nation’s capital and State capitals to intimidate supporters of conservative issues with aggressive tactics, physical intimidation and denial of basic rights guaranteed by the 1^st Amendment – speech, religion, assembly, petition, etc.

The specter of these mobs racing through the halls of Congress in the Capital building in Washington, DC., obviously overwhelming the Capital Police, accosting members of Congress for daring to exercise their Constitutional duties, is abhorrent and threatening to the health of the Republic. A ready Militia presence provided by suburban districts in the adjacent States of Virginia and Maryland would surely be welcomed by the besieged Members.

If the progressive/liberal cabal saw that this particular tactic was no longer effective because Militia forces would be preserving, protecting and defending the rights of citizens that law enforcement have demonstrated that they cannot or will not protect (under direction from higher, political authority), perhaps they would stop using it and civility might return to the public square.                                                        

In the rest of the country, with literally hundreds of thousands of illegal immigrant and alien fighters, organized into fighting units called “gangs” or “families” or “tongs” or “cartels”, operating subversive enterprises within the borders of the United States and without any hope of assistance from the federal government, the Governors of the several States are within their Constitutional rights under Article 1, Section 10 of the Constitution to declare that a state of war exists (war on drugs, war on radical Islamic terrorism, war on poverty, etc.) within their respective States and to call up their State Militia to compel the expulsion of all illegal immigrant and alien fighters (i.e. members of contra-legal organizations) from their borders and ultimately from the United States itself.

Because these groups essentially function as invading armies, State Militias will operate under the Law of Armed Conflict and not as police forces.

State Militia assets may also be authorized by the Governors, under the supervision of the county sheriffs, to assist law enforcement with the elimination of domestic gangs and other terroristic or violent, subversive entities from their respective counties, especially since some major cities, like Los Angeles, are disbanding their gang units.

Because subversion has such an essential connection to the political process in the Information Age, non-partisan State Militias guided by a National Commander subject to the control of the bipartisan National Board of Governors, their own governors and locally elected sheriffs, are best suited to deal with subversive activities of State-elected and appointed officials, local influential members of corrupted press and media organizations, local activist judges who exceed their authority or willfully ignore Constitutional provisions or Supreme Court precedents, local education-union officials and activist teachers who bring their personal and political biases into the classroom, thereby thwarting their obligation to instruct and not to indoctrinate, and others who violate the tenets of the Subversive Activities Surveillance Amendment and associated statutes.

Once apprehended, the individuals named in an official complaint, having been investigated by the local sheriff’s department for probable cause, and authorized by the State’s Judge Advocate, shall be placed in the custody of the appropriate State-associated Judge Advocate General officials to be relocated to a Constitutional Preservation Center for processing – for, if appropriate, a hearing before a special tribunal. Violent or dangerous detainees shall be placed in stockades until their cases are decided.

Members of the National Guard Reserve, Militia or State Guard forces may provide their own firearms (officially permitted by definition) which are compatible with standard military ammunition supplied by the State and certification of basic training with their firearm. In addition, they shall supply their own transportation to and from assignments within the State and be available for training for one weekend per month and service for two weeks per calendar year.

County sheriffs, with the governor’s authority, may band together with other counties’ Militias to ensure that all federal, State, county and local laws, rules and regulations are enforced throughout the sovereign territory of their respective States. Just imagine how many able and concerned citizens will volunteer to help regain domestic tranquility, lost territory and their lost peace-of-mind, while gaining stature in their communities as one of those standing up to evil.

For decades, the progressive/liberal cabal has been complaining that minority groups are over-represented in the combat arms of the United States because they haven’t had the financial wherewithal to escape military service. By now, there must be an inordinate number of decorated former soldiers and Marines from all racial and ethnic groups who would be only too happy to again utilize their training and experience to lead motivated and capable men and women in a new, sanctioned campaign to take back the large geographic areas of their own country – including their own neighborhoods – from foreign invaders and their indigenous allies.

Take back from people like “white-supremacist” groups, organized European, African-American, Asian, Latin and Russian gangs, the cartel franchises, the drug, organ and human traffickers, the terrorist sympathizers, clandestine state-actors – and a new phenomenon, socialist shock-troops from “Antifa”, “Black Lives Matter” and “Occupy” who are really old-fashioned anarchists – and the politicians and public figures who enable them for personal or political gain.

The governors of the several States may administratively remove a county sheriff for cause. The State Senate may overrule the governor’s action by achieving a two-thirds majority of the Senate within 60 days of the removal.

The governors of the several sovereign States may employ a corollary of the “Bush Doctrine” on foreign policy to employ preemptive self-defense using their States’ Militia forces for the protection of the citizens of their respective States, if local unauthorized combatants, or conditions in a neighboring State present a real and present danger to citizens because of policies that do not support the new Constitutional restoration provisions.

The reason why there are foreign and domestic occupation armies in most of our urban areas is because we have collectively permitted them to first invade, then transit through numerous States to their final destinations. Even then, we permit their lines of communication within and without the country to continue functioning – bringing replacement soldiers as well as guns, ammunition, explosives, illicit drugs and other supplies. A well-run Militia could turn the tide in favor of the People if permitted to do so by the governors.

Will there be collateral damage in this war to drive out the invaders? There is always collateral damage in war but there has already been collateral damage – for the past fifty years in America – stemming from the invaders’ campaign to take and control territory – mostly in urban areas where most of our vulnerable citizens live. We see it reported every night on the news and the death toll is already in the hundreds and hundreds of thousands.

The State Militias shall not be part of the federal military establishment, such as USNORTHCOM, which commands the U.S. military’s homeland defense assets. Militias may aid USNORTHCOM (or future equivalents) when called forth by the Congress, but shall always remain under the authority and control of the governors of the several States under joint operating agreements.

Recall Section 4 of this proposed amendment:

         “Section 4. Failure on the part of a sitting governor to fully implement all of the provisions of this mandate shall constitute an impeachable offense. Should the legislature fail to remove the offending governor, it shall fall to the county sheriffs of the State to organize, field, and utilize the Reserve Militias under their supervision.”

One such use of the State Militia confronted by a rogue governor who will not follow the dictates of the Constitution,, is to remove the sitting governor by military means. That certainly sounds draconian, some would say. Upon reflection however, one can see that this provision reflects the ultimate power that resides in the People and if taken to the extreme, a repudiation of that power by a sitting governor would most appropriately be met by the People exerting their ultimate control over elected and appointed officials by using their ultimate weapon against tyranny – an armed citizenry acting in the manner demanded in our own Declaration of Independence – “… it is their right, it is their duty, to throw off such Government …” as they have before – beginning with the American Revolution.

Some will worry that such a system will have elected and appointed officials living in fear of the People. That is, will worry that such a system will have elected and appointed officials living in fear of the People. That is not a bad thing. Any official who does not consider the welfare of all his or her constituents first and foremost, in any decision they make or action they take, is not doing the job they were elected or appointed to do. They are not in those positions to push a personal agenda on the public – or get rich – they are there to honor their oath of office. They dishonor that oath at their own professional peril.

Let us imagine that the governor of one of the several States has failed to implement the provisions of this amendment – now, for argument’s sake, part of the Constitution of the United States. Let’s use California as the example. California was declared a sanctuary State by the governor, Democrat Jerry Brown when he signed a bill from the State legislature into law, one that he had championed. That put the State of California in open rebellion against the Union for an unconstitutional refusal to enforce ALL the laws of the United States – in this case, immigration laws.

The effect of this declaration was to expose the continental United States to uncontrolled entry into the territory of the United States, by persons unknown, through California’s 141-mile-long porous border with Mexico and its 840 miles of undefended coastline – placing America’s very sovereignty in jeopardy since, once in California, illegal entrants can cross its open eastern and northern borders and disappear into the interior of the country to parts unknown, to do only God knows what.

Recall that Abraham Lincoln was confronted with a similar situation when he took the oath of office in March 1861 – numerous States in open rebellion against the Union through an unconstitutional secession – under former Union officers who were taught at the U.S. Military Academy at West Point that secession was constitutional – according to Jay Peterson, curator at Jefferson Davis’ home in Biloxi, MS. And, recall what he did. He called for the States remaining in the Union to send 75,000 State Militia forces to the Capital to oppose the rebellion and restore the Union.

But, what if the present American President called upon the States to provide Militia for the cause of putting down the rebellion and returning California to the Union. He would get no response because there are virtually no States with a functioning Militia—Texas being the most notable exception. Neither could he call out the National Guard to fight other Americans in California because of restrictions under posse comitatus!

“Recall that the Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878 by President Rutherford B. Hayes. The purpose of the act—in concert with the Insurrection Act of 1807—is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States—as the federal government had certainly done during Reconstruction in the South following the Civil War. It was passed as an amendment to an army appropriation bill following the end of Reconstruction, and was subsequently updated in 1956 and again in 1981.

The Act only specifically applies to the United States Army and, as amended in 1956, the United States Air Force. While the Act does not explicitly mention the United States Navy and the United States Marine Corps, the Department of the Navy has prescribed regulations that are generally construed to give the Act force with respect to those services as well. The Act does not apply to the Army National Guard and the Air National Guard under State authority from acting in a law enforcement capacity within its home State or in an adjacent State, if invited by that State’s governor.

There are no such restrictions on the National Guard Reserve—the State Militia, which is not mentioned in the Act and would not apply to a maritime, marine, air or cyber component of the State Militia either. Without an amendment to the Constitution of the United States and to the constitutions of the several States, America is legally incapable of putting down a rebellion against the Union because the Congress and the States have not effectively implemented the State Militia directives already in the Constitution!

The National Guard is headed by the Chief of the National Guard Bureau (CNGB). The position is a statutory office (10 U.S.C. § 10502), held by a federally recognized commissioned officer. In a separate capacity, the CNGB is a member of the Joint Chiefs of Staff (10 U.S.C. § 151). As such, the National Guard is separate “branch” of the armed forces, with domestic responsibilities, one being the establishment of a National Guard Reserve under the control of the nation’s governors.

With these tools in hand – the 2^nd Amendment unsheathed, an Anti-Subversives Amendment, the Law of War and the establishment of State Militias under the authority of the governors of the several States, and the supervision of America’s county sheriffs – those who would destroy the very nature of our democratic republic described above can be systematically removed from the shadows and from the public square and the several governments – as were former “loyalists” during the original Constitutional Convention and the newly elected, former Confederate officials, as representatives of the Southern States after the Civil War –  so that – this time – the currently necessary changes to the Constitution may be implemented to end the systemic subversion, corruption and dismantling of the great institutions of the United States of America.

For arguments sake, let’s agree that all of the Founders were patriots – in fact, they define patriotism, after all, they pledged their lives, their fortunes and their sacred honor to preserve, protect and defend the Constitution of the United States from all enemies, foreign and domestic, and to bear true faith and allegiance to the nation they had conceived, birthed and bequeathed to the People in righteousness.

The question now is: Who are today’s patriots? Among them are the more than seventy million American voters (more than one-quarter of the voting age population) who don’t follow the lead of the progressive, liberal cabal—looking for handouts of special favors from their elected or appointed officials or free stuff from unaccountable, unknown, functionaries toiling in the bowels of their bureaucracy—but rather those who adhere to the Founder’s dream, as embodied in the Constitution.

Remember, only about 65 million out of about 240 million eligible voters believed Democrat President Barack Obama deserved a second term. The problem is that almost 50% of the eligible voters either don’t care or are too-ignorant-by-intent to understand what has happened to their freedoms.

For those who give lip service to their oath of office and those who actively seek to weaken the guarantees of the Constitution through self-righteousness, treachery and deceit, the USA PATRIOT Act was written and bequeathed to  the People by some of today’s patriots. With it, patriots from across this land shall restore power to the People.

In Atlas Speaks, we met the self-righteous, treacherous and deceitful Americans who have brought us to this low point. They are the admirers of Wilson, the fans of John Reed and the anarchist Emma Goldman, the champions of Presidents Roosevelt, Johnson, Carter, Clinton, and Biden, the acolytes of Alinsky and Soros, the ragtag armies of Jackson and Sharpton, the devotees of Hiss and Plame, and the disciples of Obama and Hillary.

They are the countless faces that have infected the body politic and metastasized in the Democrat Party, the federal bureaucracy, academia, public education, the courts, the infotainment industry and the press/media. Holistic treatments (such as the placebo of “informed” elections) are no longer effective – or even possible. This cancer now must be cut out.

Fortunately, the Founders and our two most revered Presidents, Washington and Lincoln, have shown us the way by actually using Constitutionally authorized State Militias to defend the Constitution on the national stage.

It is not unreasonable to presume that those in power at the federal level may, at some point in time, feel threatened by State Militias exercising their Constitutional rights and may attempt to disrupt their efforts. Already militarily robust, State Militias must also be able to defend against attacks, even cyber-attacks from whatever quarter – even the federal government.

In the end, the argument for the creation of active State Militias rests with their justification.

Were Jewish survivors of the Holocaust in World War II justified in hunting down and bringing to justice former Nazi participants in the attempted destruction of one of the world’s most significant cultures?

If so, are State Militia justified in hunting down and bringing to justice former and current subversives who are attempting to destroy America’s culture rooted in the Western Tradition?

Have democracies ever domestically used paramilitary forces successfully to address issues like insurrection and rebellion – large or small – that both state and local police forces were unable to contain or eradicate?

If so, are State Militia justified in suppressing insurrections or rebellions; or the drug cartels who have infested our beloved country with illegal and illicit drugs; or the human traffickers who have kidnapped our young, especially our young girls for sex traffickers, or murdered our citizens for their organs; or the street gangs who control large swaths of our cities through violence, fear, and intimidation in order to run vice rings that exploit millions of our poor?

The answers are “yes” to all these questions. Simon Wiesenthal’s lifetime dedication to the capture of Nazis who escaped Europe after the holocaust is the best model for finding and sanctioning American subversives.

As we have seen, America’s presidents have never had a problem utilizing armed forces to preserve domestic tranquility. Constitutional attorney Grant Starrett reminds us that: “Ensuring domestic tranquility” was so important to the Framers that they included it in the Preamble to the Constitution—ahead of the common defense, the general welfare and the “blessings of liberty.” During the Pandemic of 2020, federal ‘Operation Warp Speed’ developed a vaccine in record time but the States had no system for delivery. The State’s Militias would have been able to help distribution because their command structure would have avoided bureaucratic bumbling.

For most of America’s first century, every president understood that one of his core duties was to maintain order. They turned to the Army to do it, sometimes without the authorization of the local government. George Washington personally led a federal army to crush the Whiskey Rebellion in 1794 while Pennsylvania’s governor initially resisted calling out his state Militia. Sometimes the president acted without Congress’s authorization. John Adams dispatched a federal force to crush another Pennsylvania revolt solely based on his constitutional powers as president. When the Confederacy attempted to secede, Abraham Lincoln drew on decades of precedent to use the Union Army, composed primarily of State Militia forces, to restore order.

Today, the federal government has unjustly taken on vastly more responsibility than the Founders intended, even as it neglects one of its most specific and crucial responsibilities. States can and should experiment with different policies that reflect the wishes of their residents. But if violent disorder arises, today the president must intervene to uphold the law and protect the republic but, what if law enforcement is incapable of  protecting the citizenry?

Simply put, the Constitution established a federal government to protect the citizenry from the tyranny of all enemies, foreign and domestic, with a legislature to make laws; an executive to enforce those laws; and a judiciary to settle disputes about the laws.

In practice however, the Congress makes laws to enhance their wealth and power in office; the President only enforces certain laws to ensure reelection; and the Court ideologically invents rights and authorities that don’t exist in the Constitution.

Who then will defend the Constitution and the People that all officials swear an oath to preserve, protect and defend? The Constitution mandates the State Militia, under the authority of the governors, to combat domestic tyrannies. Historically, the Militia is comprised of local, volunteer units commanded by a locally elected official traditionally known as the “Captain of Militia” – today known as the county sheriffs. In addition to police powers, county sheriff’s duties with Militia units are able to go beyond police powers.

Rebellions, invasions, and insurrections are beyond the ability of law enforcement’s police power to control. In fact, when the Constitution was written and ratified, there were no police forces at all. These tyrannies require military response. Seditions and subversive governmental powers exist in America today that have been insidiously undermining the very nature of the Constitution of the United States in order to cleanse the American political scene of any obstruction to elected official’s goal of the extermination of any opposition to their perpetual power—reminiscent of Nazism or Communism.

Their “concentration camps” or “gulags” are America’s public schools. They go to extraordinary lengths to keep America’s children sentenced to failing schools in order to completely indoctrinate them in the ways of progressive liberalism by denying them access to truth about America—through the control of information inside of the schoolroom (textbooks, “approved” curricula, age-inappropriate library books) and outside of school (corrupt mainstream press/media, insidious social-media titans) and by denying them the skills necessary for information literacy and critical thinking about political and social issues.

The best evidence of this is the visceral hatred of the concept of “charter schools” which would not be under the  thumb of the teachers unions—a hatred reminiscent of a sort of Nazi SS for public education.

The second significant reason for the State Militia is to rescue vast numbers of citizens and vast swaths of sovereign American territory from marauding bands of organized, unauthorized combatants that have thrived in this country because of the abject failure of federal and State police powers employed to eliminate the threat from America’s cities and towns in the failed “war on drugs” and “war on poverty”.

Americans have literally been held hostage within geographic and cultural ghettos within America’s great cities by these violent quasi-military groups for more than half a century—free to poison with illegal and illicit drugs, kidnap, rape, shoot, extort and murder our citizens—men, women, and children. Their assault is never blunted, much less eliminated, despite the extraordinary courage and dedication of our first responders, operating in actual war-zones because the federal politicians who control the funding, arming, and rules of engagement for our defenders, don’t have the moral courage or understanding necessary to want to actually win the fight.

The use of armed-forces assets, including local, national, and international intelligence gathering and analysis; air, land, riverine and coastal State Militia forces within the territory of the United States, and active duty military air, sea, land, and intelligence forces overseas, will enable coordinated operations against international drug trafficking organizations.

Finally, America must confront the facts that the social-justice movements of peaceful protest, working for true equality of opportunity for minority communities, has been continually hijacked by anarchists using tumultuous violence, vandalism and looting to divert the attention of Americans from the real fight for racial equality.

It, therefore, out of necessity and in order to survive, falls to the States to take the fight to the domestic enemy, drug cartels, sex traffickers, organ harvesters, urban gangs, gun runners, subversives, terrorists, the mob, which has become the militia of the progressive, liberal wing of the Democrat Party, and the politically corrupted federal bureaucracy, with the only capable, legitimate and constitutional means available – the State Militias. Simply put, police powers deal with statutory issues, Militias deal with sovereignty issues – a much higher level of import.

Next time: The Locals take control