Molon Labe

Who is the Militia?

“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 liberal-left, anti-gun/anti-Constitution movement focus primarily on  one word in the Second Amendment to nullify its application to the general population, “Militia”, declaring with non-existent authority that it is proof positive that the Second Amendment’s original intent was to establish a government controlled reserve armed force.  Is that true?  Just who is the militia?

The modern, legal definition of the “militia” is set forth in Section 311 of the United States Code (USC) Title 10, entitled “Militia: composition and classes”

"(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."

So, according to today’s definition, the militia is all citizens who are not members of the “organized militia”.

The original meaning, in the Constitution, of the word militia can be found in the words of, among other founding fathers, Richard Henry Lee who defined it as “A militia, when properly formed, are in fact the people themselves…and include all men capable of bearing arms.” and George Mason who said “I ask you sir, who are the militia? They consist now of the whole people.”   Support for their definitions can be found in the Militia Act of 1792, a document contemporary with them and the Constitution, which codified the militia as “. . . each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia . . . “.  It is evident therefore to any rational mind that both currently and at the time of the establishment of the Constitution that the militia was, and is intended to be, the entirety of the citizenry of the United States.  

Those that would disarm the people would counter by quoting the Second again, “A well regulated Militia . . .” They then would contend that “regulated” implies under the control of the federal government such as is the case of the National Guard.  However, such government regulation was not the intended meaning.  In the context of the Bill of Rights the term meant only what it says, that the militia be well regulated, but not by the federal government.   It just does not make sense that the Bill of Rights, being a proscription on the power and authority of the federal government, would introduce such an incongruity as to grant the power of regulation of the militia to the federal government especially when considering “A well regulated Militia, being necessary to the security of a free State,” was a militia that might, at some future time, be required to fight against a standing army raised and supported by a future tyrannical national government. 

“And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press,  or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; . . . or to subject the people to unreasonable searches and seizures of their persons, papers or possessions.” – Samuel Adams

The Constitution and its Amendments are the supreme law of the land and as such cannot be overridden or superseded by state or federal statute, judicial decision, nor by “executive order” but only by Amendment as described in Article V.  The attempt to deprive any citizen of the United States of any rights, privileges, or immunities secured by the Constitution under colour of any statute, ordinance, regulation, custom, or usage (commonly referred to as under colour of authority) is punishable under Title 42, Sections 1983, 1985, and 1986  and Title 18, Sections 241 and 242 of the United States Code.   Current and past actions of all three branches of the federal, state, and municipal governments have, under colour of authority, infringed on the Second Amendment and unlawfully deprived citizens of the United States of rights, privileges, and immunities secured by the Constitution.  Every citizen, in defense of the Constitution and their liberty, should demand that, at the very least, those members of the Legislative, the Judiciary, and the Executive branches (of municipal, state, and federal governments) be subjected to prosecution under Title 42 for their current attempts at deprivation of those Second Amendment rights. 

Perhaps Trent Coxe said it best, “Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American ... the unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.”  It is up to us, the people, to defend the Constitution, our liberty, and our rights and not cheaply trade them for the illusion of momentary safety. 

 Write to your Governor and your legislators and demand an end to the current attack on the Second Amendment, their support for the original intent of the Second, the rescinding of current unconstitutional gun laws, and a return to Constitutional governance.   All changes to the Second Amendment or any part of the Constitution must be through the amendment process.