Publius-Huldah's Blog

Understanding the Constitution

Our Constitution provides two separate & independent methods for the federal government to “call forth the Militia” to suppress Insurrections

By Publius Huldah

Because of its excellence and relevance to the insurrections being fomented in our cities by the Marxist organization “Black Lives Matter”, Antifa, and other revolutionary organizations; I sent the recent paper by Edwin Vieira, JD., Ph.D., titled, “The President’s Authority To Suppress Insurrections” [link], to my lists.

In response, some objected that the riots in the cities are local issues to be handled (or not) by the State and local governments – that they are not “federal” issues over which the federal government has jurisdiction. Some also asserted that Article IV, §4, US Constitution prohibits the President from sending the National Guard into a State to quell such disturbances, unless & until the Legislature or the Governor of the State requests it.

Those objections are not well-founded.

First: What’s going on in our cities is not something which can be prudently brushed aside. It is a classic manifestation of a Marxist revolution – see, e.g., this article from “Workers’ World”. Furthermore, as shown below, the President of the United States has constitutional and statutory authority to exercise his own judgment as to whether he should send in the “Militia” to suppress the uprisings.

Second: Our Constitution provides two separate and independent methods for the federal government to suppress such uprisings.

Dr. Vieira’s paper sets forth the other method of “calling forth the Militia” – the method provided for at Article I, §8, clauses 15 & 16, US Constitution. That provides for the intervention of the Militia within a State at the initiative of the federal government, regardless of whether the State requests it. 1

When highly knowledgeable and experienced persons, such as Dr. Vieira, speak in their area of expertise, and their words contradict our existing beliefs; we ought to re-examine our beliefs, instead of dismissing what such persons say. 2

So let’s review Article I, §8, clauses 15 & 16, and some of the early Acts of Congress implementing them.

1. The American Militia is 400 years old

Throughout our colonial period, able-bodied free males were expected to be armed and trained and ready on short notice to defend their home, family, neighborhood and Colony. They were the “Militia”. In Mel Gibson’s movie, Patriot, Gibson’s character commanded a South Carolina Militia Company. The Militia was not “regular Army” – it was comprised of farmers, pastors, shopkeepers, etc., trained in the use of arms and prepared to fight for defense of Family and Community.

In our Constitution of 1787, our Framers provided for a regular Army and Navy at Article I, §8, clauses 12, 13 & 14. Pursuant to Article II, §2, clause 1, the President is Commander in Chief (CINC) of the Army and Navy. 3

Our Constitution also recognized the continued existence of the Militia, and assigned to it three specific federal functions: Article I, §8, clause 15 empowers Congress:

“To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions”. 4

Clause 16 authorizes Congress:

“To provide for the 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”.

In 1792, Congress passed the Militia Act which “provided for” the arming of the Militia by requiring every able-bodied male Citizen of the ages 18-45 (with a few exceptions) 5 to acquire a rifle, bayonet, ammo pouch, ammo, 6 and report to his local unit for training. HERE is the Militia Act of 1792.

When the Militia of a State isn’t in the service of the United States for one of the three purposes listed in Clause 15, its function is to help in its own State – however the need arises. And in Federalist No. 46, James Madison says the Militia is to defend the State from the federal government in the event it becomes tyrannical. 7

2. Who has the authority to call forth the Militia into service of the United States?

Article I, §8, clause 15 authorizes Congress to “provide for” calling forth the Militia “to execute the Laws of the Union, suppress Insurrections and repel Invasions”. How does Congress “provide for” calling forth the Militia into the service of the United States?

In Martin v. Mott, 25 US 19 (1827), the Supreme Court considered the Militia Act of 1795 [link] which authorized the President to call forth the militia when he judged it necessary to repel an invasion or enforce the laws of the United States. The Court pointed out that the power had been entrusted by Congress to the President, and said that,

“We are all of opinion, that the authority to decide whether the exigency has arisen, belongs exclusively to the President, and that his decision is conclusive upon all other persons.”

So! In the Militia Act of 1795, Congress “provided for” calling forth the Militia by delegating to the President the power to determine when it was advisable to call the Militia into national service to repel an invasion or to execute the laws of the Union. 8

3. Transformation of the Militia into the federally controlled National Guard

During the early 1900s, Americans elected Progressives [Fabian socialists] to office. And these “Progressives” commenced the conquest of our Country. They had to eliminate the threat the Militia posed to the totalitarian federal government they intended to create. So with the “Efficiency in Militia Act of 1903” (the “Dick Act”) [link], Congress federalized the Militia. And this is how the Militia of the several States, which is the primary defense of a Free People and the States against a tyrannical federal government [2nd Amendment], was put under federal control. And the States went along with it because their People were ignorant, short sighted, and bought off with federal appropriations for the new federalized “National Guard”.

So we don’t have an organized & trained Militia – now, we have federal troops – some on active duty in the Regular Military; others as weekend warriors in the Reserves or National Guard.

4. Current Acts of Congress providing for calling forth the “Militia” (federal armed forces)

Today, the provisions of the US Code which address calling forth the “Militia” 9 into national service are: 10 USC §251, 10 USC §252, 10 USC §253, and 10 USC §254. Note that the President still has statutory authority to use his own Judgment respecting whether to send the “Militia” into any State:

♦ to enforce the Laws of the United States [10 USC § 252];

♦ to suppress uprisings which deprive the people of the rights, privileges and immunities, and protections recognized in the Constitution and secured by Law, and the State government isn’t protecting those rights [10 USC §253]; and

♦ to suppress uprisings which oppose or obstruct the execution of the laws of the United States or impede the course of justice under those laws [10 USC § 253].

5. Conclusion

Our Constitution is an elegant piece of work. Its parts are interconnected and fit together. So we must read each clause in the light shed by the other clauses and by the Principles of our Founding as set forth in our Declaration of Independence. We must never insert our own biases – no matter what they are.

One of the most valuable characteristics of our federal system is the ability of the state and federal governments to be “checks” on each other. In Federalist No. 28 (7th para), Alexander Hamilton says,

“… in a confederacy [10] the people … may be said to be entirely the masters of their own fate. Power being almost always the rival of power, the general [national or federal] government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress. …”

We would be wise to celebrate the President’s constitutional and statutory authority to protect us from the death and destruction being brought about – with the connivance of State & local officials – by the Marxist revolutionaries. When State and local governments refuse to protect their people from such death and destruction, the President has a clear power to intervene.

Now, we must start electing Presidents who know and obey our Constitution. 11

Endnotes:

1 Our Framers thought of everything – including rogue State governments. See, e.g, Federalist No. 28.

2 One of the themes of Proverbs is that a wise man listens and increases his understanding. Be wise.

3 To be CINC means that the President has the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy (Federalist No. 69).

4 Let that clause sink in! Our Framers did not want a standing Army [go here and search for “standing armies”] – that’s why appropriations for the regular Army were limited to two years (Art. I, § 8, cl. 12). National defense, enforcement of federal laws, & suppressing Insurrections were to be the responsibility of the Militia. When the federal gov’t needs to enforce its laws, it is to call forth the Militia – the armed and trained Citizens – to do the enforcing! During the Washington Administration, the federal gov’t called forth the Militia to enforce the federal excise tax on whiskey. Federal law enforcement is thus the province of the Citizens – the Militia! It is most manifestly NOT the province of armed thugs in the employ of the Executive Branch of the federal gov’t.

5 Pursuant to §2 of the Militia Act of 1792, federal officers & employees were exempted from service in the Militia. Can you figure out why they were exempted?

6 The arms, ammunition and accoutrements so acquired by the Militia Man were his personal property and were held free from claims of all creditors. They could not be seized and sold in payment for any judgments, debts or taxes. See last sentence of §1 of the Militia Act of 1792.

7 This is why Article II, §2, clause 1 provides that the President is CINC of the Militia only when it is called into national service. This is also why §2 of the Militia Act of 1792 exempts all federal officers and employees from service in the Militia.

8 The Militia Act of 1795 also provided that in cases of insurrection against a State government, the President could send in the Militia upon request of the State Legislature or Governor.

9 Even though we no longer have a “militia” within the meaning of Article I, §8, clauses 15 & 16; the current US Code uses the term in order to connect the activities of the federal armed forces with Art. I, §8, clause 15.

10 Our Constitution created a “federation” (“confederation”) of sovereign states which were united together for the sole purposes enumerated in the US Constitution.

11 I may have been wrong to fault President Trump for not sending the National Guard into the States to suppress the Insurrections.  In The Coming Coup? [link], Michael Anton writes:

“…It started with the military brass quietly indicating that the troops should not follow a presidential order. They were bolstered by many former generals—including President Trump’s own first Secretary of Defense—who stated openly what the brass would only hint at. Then, as nationwide riots really got rolling in early June, the sitting Secretary of Defense himself all but publicly told the president not to invoke the Insurrection Act. His implicit message was: “Mr. President, don’t tell us to do that, because we won’t, and you know what happens after that.”

If that is true, then the President ought to fire Defense Secretary Mark Esper, and should “purg[e] the [military] officer corps of anyone not down with the program and promoting only those who are.”

September 6, 2020 Posted by | Antifa, Black Lives Matter, Commander in Chief, Insurrections clause, Marxist revolution, Militia, President's powers | , , , , , , , , , | 30 Comments

Yes! Trump has constitutional authority to secure our Southern Border

By Publius Huldah

Instead of reading our Constitution and seeing what it says, Americans get their legal advice from what “everybody says”.

Now, they are hearing about “emergency powers”, and are in a tail spin. Did Congress’ “Emergency Powers Act” delegate to the President the power to call whatever he wants an “emergency” & then do whatever he deems best?

Our focus shouldn’t be on what can be called an “emergency”; but what does our Constitution authorize the federal government to do (if anything) with respect to the hot topic of the day?

Let’s look at Migration (immigration) in the context of the hordes of aliens storming thru our Southern Border. What does our Constitution say about it?

Art. I, § 9, clause 1, delegates power over Migration (immigration) to Congress. So Congress is to make the immigration laws; & the President, as Chief Executive, is to put Congress’ laws into effect.

Art. IV, § 4 REQUIRES the United States to protect each of the States against Invasion.

Art. I, § 8, clauses 15 & 16, authorize the calling up of the Militia for 3 purposes: to execute the Laws of the Union; to suppress Insurrections; and repel Invasions.

Art. II, § 3 authorizes the President to recommend to Congress such measures as he deems necessary and expedient; to convene Congress on extraordinary occasions; and requires him to take care that the laws be faithfully executed (that includes the immigration laws.)

Art. II, § 2, provides that the President is CINC of the armed forces. He is CINC of the Militia when it is called into active service of the United States. As noted above, the Militia may be called into active service to enforce federal laws and to repel invasions.

So those are the Constitutional Provisions which apply to the invasion of our Southern Border.

 

America is finished if we don’t control our Southern Border. Congress and the President have clear constitutional authority – actually, they have the DUTY – to control our Southern Border.

The best way the control the Southern Border is to build a wall. [I know from personal observation during the Cold War that the wall the Soviets built between East & West Germany prevented people in the East from escaping to the West.]

What if Congress refuses to fund the wall? Must the President tell the American People, “Well, I tried. But my hands are tied. You better get ready for civil war.”

No! Art. IV, § 4 imposes on the United States the Duty to protect each of the States against invasion. If Congress won’t do it, the President must. He is Chief Executive of the United States. For him to refuse to act for the reason that Congress won’t fund the wall would be as contemptible as the Husband and Father who refuses to get armed to protect his Family because the government says he can’t be armed.

So, the President may solicit donations from the American People for funds, labor, and construction materials, to build a wall.

About calling forth the Militia to enforce federal immigration laws and repel invasions

We no longer have the Militia provided for at Art. I, §8, clauses 15 & 16.

During 1903, the American People and their federal and state legislators (who had mainlined on Progressivism) went along with federalizing the Militia. This was done with the grotesquely unconstitutional federal Dick Act of 1903. ¹ The Dick Act unlawfully converted the Militia into the National Guard, which is an adjunct of the federal military.

If we still had the “Militia of the several States”, it would be obvious that the Militia should be called into national service to repel the invasion coming through our Southern Border by enforcing federal immigration laws.

But since we no longer have the Militia, we must rely on our “armed forces”.  Pursuant to 10 US Code Sections 252 & 253, the President may send armed forces into the States on our Southern Border to build a Wall in order to enforce federal immigration laws. 2

And if Push comes to Shove, the President has the Clear Duty to protect our Southern Border and to “preserve, protect and defend the Constitution of the United States”.

Remember – the Questions are always: “What does the Constitution authorize” & “What Duties does the Constitution impose on the federal government?”

There is no substitute for reading the Constitution for yourself, Article by Article, and then seeing how the Articles all work together – hand in glove. It really was a 6,000 year miracle.

Endnotes:

¹ That the Dick Act passed shows that Americans of 100 years ago were also ignorant, short-sighted, and foolish.

2  Congress should also eliminate all “welfare” benefits to the invaders.  We have been using “welfare” as a magnet to lure invaders into this Country!  How stupid is that?

And I trust you already understand that all federal ‘welfare’ benefits are unconstitutional as outside the scope of powers delegated to the federal government.

Revised: August 21, 2020.

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

January 15, 2019 Posted by | Article IV, Sec. 4, Build the Wall!, Control the Border, Dick Act of 1903, Militia | , , , , , , , | 47 Comments

Get your State Militia revitalized before it’s too late!

In all questions respecting the Militia, Dr. Edwin Vieira is the authority.  In the 7 minute video below, Dr. Vieira  shows us the difference between the State Militia and the State national guard.

I’m going through Title 58 of the Tennessee Code now compiling “The Tennessee Military Code of 1970”. We don’t have an active Militia (within the meaning of Art. I, Sec. 8, clauses 15 & 16 – and which James Madison described in Federalist Paper No. 46) here in Tennessee. All we have is the national guard which is an adjunct of the federal military (Art. I, Sec. 8, clauses 12-14).

When the islamists the obama administration is importing as fast as they can start the civil war here, we better have our own State Militia organized and ready to defend us. But those are not my words. JAMES MADISON SAID IN FEDERALIST NO. 46 that the purpose of the Militia is to defend us from the federal government.

Alexander Hamilton also said that when the federal government acts against our interests, we must look to our States to defend us (Federalist No. 28 and 29).

I call upon retired military men all over the Country and of all the various branches to get together and look into your State Constitutions and State Statutes and find out the Status of your State Militia. It may be that we will have to go back to the State Militia laws which were in effect before the State Military forces were federalized as a result of the Dick Act of 1902.

We better un-federalize our State military forces before the trouble starts.  We can not depend on the US military to defend us. Obama is purging the US Military of good men. All that will be left will be his thugs & bullies – and of course, transgender people and such like.

Freedom isn’t free – as we will soon find out.

You can find Dr. Vieira’s articles here:  http://edwinvieira.com/

And no, News with Views is not an “attack site with malware”. Some people don’t want you reading the articles they publish.

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

May 10, 2016 Posted by | Dick Act of 1903, Edwin Vieira, Federalist Paper No. 46, James Madison, Militia | , , , , | 31 Comments

   

%d bloggers like this: