To require the federal government and the several States to implement those sections of the Constitution calling for the establishment of a viable State Militia.

The constitutional protections of our liberties have withered over the years. The division of powers within the federal government may have checked the expansion of one part of the federal government into the domain of another, but there is no protection for the People and States against collusions and the conspiracies among the different branches to exceed the delegated powers of federal authority.

For example, the Constitution does not grant the federal government jurisdiction over education, housing, agriculture, or energy, but these functions have been elevated to cabinet level status in Washington by Congress, administered by the executive branch and approved by the courts.

Federal regulations have become so extensive that Congress often delegates its rule-making powers to numerous, non-elected [regulatory] agencies, such as the FTC, FDA, OSHA, SEC, and EPA. These agencies combine executive and judicial functions with their rule-making authority–subverting the division of power concept becoming laws unto themselves with feudal-like dominions in command over the private property held by commoners. [This amendment will restore congressional oversight to these executive functions.]

James Madison condemned “the accumulation of all powers legislative, executive, and judicial in the same hands, whether of one, few or many and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. Were the Constitution chargeable with this accumulation of power or with a mixture of powers, having a dangerous tendency to such an accumulation, no further arguments would be necessary to inspire a universal reprobation [unprincipled operation] of the system.” [And yet, here we are with a reprobate system of government!]

Most recently, the federal government’s appetite for power exceeds its capacity to raise revenues. Instead of taxation and spending, Congress prefers to subvert the rights of private property owners by imposing unfunded mandates upon them, such as “family leave” and employer mandates or forced “contributions” to proposed health-care legislation. The words of Madison decrying the problems of “mutable” policy have been drowned out amidst a flood of ever wider calls for new government powers.

The usurpation of powers and rights belonging to the States and People by the federal government is partly due to defects in the Constitution itself. The framers, unfortunately, never established an effective check or balance that State governments could invoke against the encroachment of federal power into their proper domains. Ever since the Civil War, the threats by States to secede or nullify laws are not taken seriously, no matter how intrusive federal regulations become. Abuses of federal power may only be addressed in federal courts, hardly an independent or adequate restraint on federal authority. [The National Board of Governors and their State Militias proposed above should tip the balance of political power back to the sovereign States and the People.]

The “Bill of Rights” provides very explicit words guaranteeing the rights of the common people. Unfortunately, words are not self-enforcing. The constitutional contract between the People and the government must provide incentives, counterforces, etc. to ensure that politicians remain the servants of the people, rather than the other way around. Even the most ingenious constitutional safeguards will wither and die if the public no longer appreciates the importance of liberty and property and if they can be made to believe that the crises of the day invariably require extra-constitutional remedies. [Cue the State Militias and State funding of the federal government, rather than the People living under the real and present tyranny of IRS power.]

The central premise is that the States have given away their sovereignty to the federal government, so that Washington, DC, and the denizens of the federal bureaucracy now control virtually every aspect of our daily lives – a dictatorship of the unaccountable. That reality runs counter to the will of the Founders who envisioned a small federal presence in their sovereign States, and who could, if necessary, defend themselves against tyrannical federal encroachment through the State Militias. The answer to that question is never more evident than when the country is in jeopardy – like world war, an antithetical Democrat-Socialist political cabal, or a global pandemic.

It is past time to turn the tables on the progressive-liberals and establishment Republicans who have proven, in the aftermath of the 2016 and 2020 presidential elections that non-term limited politicians will never defend the Constitution. Only the People will defend the Constitution, but only with the existence of a viable State militia.

Today, America is in the hands of the elected federal officials who do not represent the People. The sentiment of our federal officials must be counteracted. Lincoln said:

“We must (again) arouse the young men of the several States to action for the Union.”

Hence, the State militia.

“Section 1. The several States have a responsibility to the People to maintain the Union of the States in domestic tranquility as conferred by the Constitution of the United States. The Congress shall enact and the President shall sign a Domestic Security Act to implement the provisions of this amendment.”

“Section 2. To affect this condition, the Governors of the several states shall establish and maintain active State militias in accordance with Article I, Section 8, and the Second Amendment to the Constitution of the United States. Members shall be volunteers and shall not be compelled to any specific activity against their will.”

         “Section 3. The State militias shall consist of an organized militia, to be known as the National Guard of the State, and the State Guard, to be known as the Reserve State Militia or the National Guard Reserve. The latter shall never be under the command authority of the federal government when the National Guard is called forth by the President in accordance with Article II, Section 2. The governors of the several States may provide reserve State militia when requested but shall retain command authority. For arming, equipping, training and for other logistical matters, the State militias shall conform to federal procedures as much as possible.”

         “Section 4. The reserve State militias shall be composed of volunteers in good standing in accordance with United States Code, Title 10 (Armed forces), section 311, shall have a robust land, maritime and air component and an effective offensive and defensive intelligence and cyber capability and shall be under the command authority of the Governors of the several States through the State Adjutant General of the Military and shall customarily be under the direct supervision of the elected County Sheriffs of the several States, who shall be responsive to the People who elect them and may decline directives of the governor for cause.”

         “Section 5. 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 commands.

          “Section 6. The militia mission shall include the defense of the State from internal and external threats of “Insurrections and … Invasions”, rebellions and subversions to ensure the “Laws of the Union” are faithfully executed, provide internal security and the enforcement of military directives when ordered by the Governor and also shall grant to the county sheriffs the authority to call upon the unorganized or reserve militia to uphold the peace, repel invasion, suppress insurrection and rebellion, ensure free, fair, honest, auditable elections and counteract information warfare and other subversions – by those who would refuse to truthfully inform the voters or uphold all Constitutional guarantees, including laws concerning terrorism, chemical or biological attacks, radical Islamic recruitment, illegal immigration, drug trafficking, human trafficking, organ harvesting, military and industrial espionage, and cartel, Yakusa, triad or similar foreign and domestic gang activity.

          “Section 7. The Compact Clause contained in Article I, Section 10, Clause 3, of this Constitution shall be suspended by the President for combined State Militia operations against subversions, secessions, rebellions, invasions, or insurrections by persons, groups, organized crime syndicates, state actors or non-state actors.

          “Section 8. Any State or group of States or groups within States that declare a non-allegiance to the Constitution of the United States or to any of the statutes, orders, rules, regulations customs and traditions emanating therefrom, may be declared in secession from the Union by the National Board of Governors or the President. A declaration of secession shall require the several States in concert to compel allegiance from the seceding State or States through negotiation, economic measures or through the introduction of the combined State militias. Use of armed force shall require the concurrence of a majority of the members of the National Board of Governors and the approval of the President of the United States. No State militia forces shall be used to facilitate or support the secession of any State from the United States or to oppose any attempt by the several States to compel a State declared in secession to return to the Union.”

         “Section 9. State Militias shall ensure that human rights identified in the Convention on Human Rights, for persons being captured, held, and delivered to U.S. military agencies for processing, are protected in accordance with the due process of law as administered by the Judge Advocate General of the United States. These include life, security, expression, sustenance, religion, and conscience.

          “Section 10. The federal government has the power to coerce the People of the several States of the United States through the police power. The People shall have the power to oppose such coercion through the power of the independent State militias.”

Addenda for future judicial reviews to clarify the meaning, understanding, interpretation, intention and implementation of the words of the Amendment:

“In my own native state of Massachusetts, the battle for American freedom was begun by the thousands of farmers and tradesmen who made up the Minute Men – citizens who were ready to defend their liberty at a moment’s notice. Today we need a nation of minute men; citizens who are not only prepared to take up arms, but citizens who regard the preservation of freedom as a basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom. The cause of liberty, the cause of America, cannot succeed with any lesser effort.” 

– Democrat President John F. Kennedy (1961), defining his concept of a “New Frontier”.

Before any discussion about State militias can begin, America must understand that State Militias are already authorized by the Constitution of the United States. This amendment addresses how to implement that Constitutional requirement.

Article 1 section 8 of the Constitution states: “The Congress shall have the power: to provide for calling forth the Militia to execute the laws of the Union, suppress Insurrection and repel invasions; to provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.”

Article 1 Section 10 of the Constitution states: “No state shall, without consent of Congress … engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.” The 2^nd Amendment to the Constitution of the United States: “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 current United States Code, Title 10 (Armed forces), section 311 (Militia: Composition and Classes), paragraph (a) states: “”The militia of the United States consists of all able-bodied males at least 17 years of age and belong to the class known as the reserve militia, also known as the unorganized militia (10 USC) or state guard, except as provided in section 313 of title 32, and under 45 years of age who are, or who have made a declaration of intention to become United States citizens and female citizens of the United States who are members of the National Guard.”

(“Unorganized” is an administrative term that refers to State resident volunteers – serving in a State para-military force under the authority of the governor and the supervision of elected county sheriffs, to support the National Guard and the citizens of the State against domestic enemies and subversives (not common criminals), not a description of a militia that is chaotic, undisciplined and therefore, dangerous.)

Under the Constitution, governors do not have the option to prevent the existence of a viable State Reserve Militia in the field. Statutes and the U.S. Code enable the militia, traditionally under the supervision of the nation’s county sheriffs, to protect the People from rebellion, invasion and untoward enterprises that are beyond the purview and/or ability of either federal or State police forces to stop. States shall have reserve State “militia” forces or “state guard” which are under the control of the governor of the State, and shall also act as a reserve for the National Guard and are thus a part of it for training, equipping, logistical support and election certification.

As described in the Militia Act of 1903, States shall create and maintain this reserve military force known in general as state defense forces to assist, support and augment National Guard forces during peacetime conditions. Also during the call up of National Guard forces for wartime or other emergency deployments under the direction of the President, State defense forces shall be used to assume the full military responsibilities for the State.

Because the State militias are under the authority of the governor and under the supervision of the county sheriffs, their budgets shall be controlled by the State legislative system. The sheriffs shall go to the State Adjutant General  for budget approval and disbursements for militia activities. Militia facilities shall be under State control, built on State land and not subject to local restrictions. All political entities shall work with the county sheriffs as they would any other State entity for militia issues. County sheriff’s shall employ deputies for law enforcement activities against criminals – as the People’s choice – which shall be coordinated with local authorities, subject to the sheriffs’ status as independent elected officials. County sheriff’s shall use their militia assets to preserve, protect and defend the federal and State Constitutions against subversive activities by elected and/or appointed officials. Sheriffs shall not accept contributions in cash or kind from politically affiliated entities. Personal contributions shall be limited to 1% of the mean household income for the respective County per election cycle.

By the same token governors must understand the extent of their powers especially when it comes to public safety and security. The several States have ignored the real message of the 2^nd Amendment for too long and must now reconstitute the State Militia as a tool to regain domestic tranquility throughout America in the 21^st Century. The day of the governors has come.

Just as a system is required to deal with a foreign enemy’s exploitation of our Constitutional system, which led to the creation of an uncorrupted extra-constitutional system called the Foreign Intelligence Surveillance System (FISA) and a Foreign Intelligence Surveillance Court to oversee the functions of the Federal Bureau of Investigation as it prosecutes actions against foreign agents within the United States , another uncorrupted extra-constitutional system is required to deal with a domestic enemy’s clandestine exploitation of our Constitutional system. This is accomplished under the Alien and Subversives Act that directs the Judge Advocate General of the United States to establish State Staff Judge Advocates to oversee the functions of the several State Militias as they prosecute actions against domestic invaders, insurrectionists, rebels, and subversives.

Actual Militias are State government entities comprised of pro-Constitution Americans. All other para-military organizations are, therefore, anti-American anarchists.

The CIA is not authorized to operate inside the United States or against American citizens without cumbersome, untimely, bureaucratic procedures. The FBI is designed to operate within the strictures of the federal judicial procedures in support of law & order objectives. Other federal ‘police power’ agencies have specific duties such as the Secret Service for monetary control and personal protection, the U.S. Marshall’s Service for federal prisoner support, the Border Patrol, INS for immigration management, DEA for drug enforcement, ATF for alcohol, tobacco and firearms, numerous agencies for commercial and industrial issues, and the IRS for taxation.

Although all federal and State officials take an oath to preserve, protect and defend the Constitution of the United States, the federal agencies mentioned above enforce statues enacted based on Constitutional powers known as the enumerated powers granted by the People in their ratification of the Great Document and the States in their ratification of amendments to that document.

But, at the federal level, there is no agency authorized to actually and actively protect and defend the Constitution itself from assaults upon the meaning, understanding, intention, interpretation, and implementation of the written words, that is, the original purpose of the concepts addressed in the Constitution, not to mention the very existence of the Constitution itself. These assaults take the form of invasions, insurrections, rebellions, and subversions of the sovereignty proscribed in the Constitution, as discussed in the Proposed State Militia Amendment above.

For example:

• invasion – “an incursion by a large number of people into a place or sphere of activity” – such as through the uncontrolled southern border of the United States of untold millions of undocumented, unvetted persons from around the world, many with unknown diseases, nefarious intentions, and criminal histories;
• insurrection – “an act or instance of revolting against civil authority or an established government” – such as the violence against authority that occurred in many cities, such as Portland, OR and Seattle, WA in 2020;
• rebellion – “open, organized, defiance of authority, control, or tradition of one’s government” – such as designating a city or State to be a “sanctuary” for undocumented aliens;
• subversion (domestic treason, war by administrative means) – “a process by which the values and principles of a system in place are contradicted or reversed in an attempt to transform the established social order and its structures of power, authority, hierarchy, and social norms” – such as when the progressive, liberal Democrat establishment censors all public information that may inform the American electorate about the factors about the Democrat candidate for President that may cause them to vote for another, more capable or suitable candidate, or operate America’s public schools in such a manner that produces two-thirds of graduates who cannot adequately read, write or calculate, gather and process information, think critically, understand or respect their Constitutional rights or succeed economically.

Any secessionist movement, which advocates or practices political, practical, or philosophical separation from the authority of the Constitution of the United States shall be considered as subversion. There is no statute of limitations on treason, domestic or otherwise. Consider outlawing the Democrat Party like the CPUSA (Communist Party of the USA) was outlawed.

Therefore, there is a need for an agency of government to deal with these issues that the federal government has  proven to be incapable of controlling. Such an agency exists within the Constitution – the State Militia as discussed above in the proposed amendment.

As designed, the State Militia is capable of addressing these issues effectively because it is a State agency and not constrained by the limited sovereignty of the federal government except as expressed in the enumerated powers. The States have all of the rights of sovereignty except those granted to the federal government and, since these powers have been granted, may also be recalled, or modified as the States see fit.

In the proposed amendment, the State Militia – the State National Guard Reserve – is constituted by the respective governors, and their Adjutant Generals of the State National Guard, the Commander of the State Militia of the several States through the elected County Sheriffs/Captains of Militia as armed forces to deal with invasions, insurrections, rebellions, and subversions as required to establish and maintain domestic tranquility. The State Militias do not exercise the police powers of the state.

For example, sophisticated criminal enterprises known as gangs populate wide swaths of America’s urban centers. These gangs, such as the domestic Crips and Bloods, Salvadoran MS-13, Chinese triads and the Japanese Yakusa, along with the famous Italian La Cosa Nostra and the Russian mafia, all claim a form of sovereignty over multiple square miles of American cities.

Both federal and State police forces have proven over the past one hundred years to be woefully inadequate at eliminating these invaders from our cities. They are hampered by a lack of funding, outnumbered sometimes ten (or more)-to-one and outgunned, and the gangs continue to expand their claimed territories.

Since the gangs are quasi-military organizations (chain-of-command, uniforms (colors), coded communications, military weapons) and  ready financing, they have proven that they can only be defeated by another military force – the State Militia, as described in the amendment.

State Militias must be equipped with surplus military hardware by the State National Guards – of which they are a part. Using lesson learned from irregular forces in the Middle East, utility vehicles carrying fire-support squads of militia must be equipped with portable high powered weapons such as 40mm cannon and .50 cal. machine guns, sniper teams, flash grenades and robust personal automatic weapons. Such militia units shall be similarly engaged in the restoration of complete, universal sovereignty threatened by insurrection and rebellion.

Drones, secure tactical communications, professional command-and-control, and crowd-sourced actionable intelligence will enable State Militia forces to identify, engage and neutralize these gangs with overwhelming speed and firepower at a time of their choosing, in accordance with the laws of Armed Conflict, the Uniform Code of Military Justice (UCMJ), and the Geneva Conventions on the Conduct of War.

County sheriffs shall operate secure intelligence centers to engage the public in the suppression of subversive activity which, by its very nature is insidious and covert. Evidence of attempts to undermine  the principles, precedents, and traditions of Constitution order by exploiting any statutes, rules, regulations, or orders issued by federal or State constitutional officers or their agents shall be encouraged from the public through the use of secure, online crowd-sourcing applications. Covert intelligence gathering shall follow and such confirmed intelligence shall be brought to the State Judge Advocate for evaluation.

For instance, should certain nefarious poll or vote counting persons attempt to subvert the general election voting process through voter registration irregularities, ballot fraud, ballot harvesting, ballot counting irregularities, and the like, a patriotic citizen might video record the activity or alert State Militia personnel to the irregularity which can then be verified by review of security camera recordings. The intelligence reports may then be verified by Militia intelligence officers and forwarded to the State Staff Judge Advocate for action within the Judge Advocate system.

The elected County Sheriffs have primary jurisdiction for the categories of activities mentioned above. Sheriffs may collaborate with local law enforcement drug, gang, or vice units – or not. Sheriffs may utilize State laws and/or the Laws of Armed Conflict as required. Federal law enforcement agencies shall cooperate with County Sheriffs engaged in the defense of the Constitution. Sheriffs may conduct information warfare and the weaponization of information against those engaged in the activities mentioned above. State Militia operations are governed by the policies and procedures promulgated by the Judge Advocate General of the United States, not by U.S.Code or United States Supreme Court precedents.

Will there be collateral damage. Yes, but it can be contained and will certainly be less than the collateral damage already existing in America’s cities where more than 350,000 people have been murdered by mostly gang-associated criminals in the past 50 years. State Militia forces, when engaged, will be subject only to processes, procedures and appeals under the UCMJ as promulgated by the Judge Advocate General of the United States. These proceedings shall not be subject to review by civilian authorities.

State Militia (cont.)