Restoring the Constitution & Second Amendment the right way!

People magazine, in their August 6, 2012 cover story on the needless sacrifice of life that resulted from the unconscionable act of terrorism by James Holmes in the Aurora Century 16 multiplex displays the incredible character of our fellow Americans, even at the moment of wasted death and injury. Yet “millions of numb Americans were left to wonder where, if not a movie theater–that democratic refuge from life’s hardships shared by all, no matter the age, religion, or ethnicity–they could feel safe. ‘This is MY COMMUNITY!’ blogged Cody Hickman, a survivor. . . ‘The helplessness of knowing that I will never be able to keep my family completely safe is paralyzing.’” (People, p.52)

Well actually, Cody, some of us don’t agree that we “will never be able to keep (our) famil(ies) completely safe” any more. But it will demand immediate and radical change. Good, intelligent, and calculated change. In fact, we think the answer is simple, straightforward, and right there in plain view in the U.S. Constitution where it has been right in front of our faces for the last 234 years . . . in the first clause of the 2nd Amendment.

The problem has just been that today, for the most part, we don’t get it. That’s because we have forgotten what it says, and those who knew are long dead. But if we will wake up, read, study, and think, the answer is right there to restoring what we want: security in a State (ideally and literally) of freedom. The answer even includes these words. It is found in this phrase: “A well regulated militia, being necessary to the security of a free State . . .”

But to “get it,” you must do something difficult. You have to step back and put aside your preconceived notions about the definition of words, the ways that the media and our friends–conservatives and liberals alike–have interpreted these words, and what you probably learned (or didn’t learn) in your high school American history or civics classes.  You have to start over from scratch and rethink the original intent and purpose of that phrase. If you do that, you might, just might, be able to help fix this mess. But if you aren’t willing to start by rethinking this concept, and then taking bold and decisive action upon it, Cody’s probably right, we’re “paralyzed” with nothing left but a feeling of hopelessness. But if that happens, it’s our own fault.

I’m here to say, however, that the solution is simple, real, and practical. And 100 percent American! So read carefully if you want to be part of the solution rather than continuing to be part of the problem. Deal? Then let’s go!

If the State of Colorado had “a well-regulated militia” in place today through proper State legislation as constitutionally defined in the first clause of the 2nd Amendment, the tragedy of Aurora, Colorado would certainly not have happened as it played out.

The people in that theater would have all been armed to the teeth. They would have been trained in the “science of government” as part of their regular duty of service, and  by training would have been clear on the proper mind-set of self-defense in their community. With knowledge comes power; self-government is pro-active. People become accountable and responsible. We work from what we know.

Conversely, that diabolical criminal would most likely not have even considered acting as he did in this scenario. But not even for the reasons already stated.

So why not?

His reluctance would have had little to do with the fact that the people in that theater would have been so armed and awakened. That would certainly have been true, but as an afterthought. The real reason would have been because the “security of a free State” would have been in operation. This security is completely missing today.

One might ask, “Where are the State military and civil defense forces defined in the 2nd Amendment?” Answer: Not in Aurora, Colorado. We need to understand what’s absent.

James Holmes Tragedy in Colorado ShootingIf the perpetrator of this dastardly crime, James Holmes would have been a member of the local Colorado State military and civil defense force unit (called the “militia of the several States” in the Constitution) as a requirement of citizenship in the State of Colorado, the people would have been securely prepared through forethought to prevent this tragedy, not reacting to it after the fact. We’ll explain why.

new movement is taking hold across the land; the tragedy at Aurora is the tipping point. The people of the fifty States are being awakened to the fact that we don’t have the security we need and demand. The well-regulated military and civil defense forces of the several States need to be revitalized, starting today!

While the federal government thinks that the people are not qualified to protect themselves, they are wrong. The general government believes that individual Americans are not smart enough to take care of their own communities. They are wrong. The bureaucrats and demagogues think that We the People are not capable of being able to work together to protect ourselves and be strong enough to do what needs to be done. Again, they are wrong. Period.

Every legislature in every State in the Union must be urged by their constituencies (that’s me and you, nobody else) to act now to provide proper security to the people through the establishment of the spirit and practice of the first clause of the Second Amendment. This is not optional; it’s mandatory.

The elected representatives in the legislatures of the several States have taken an oath “to uphold and defend the Constitution of the United States” and their individual State. Failure to re-institute the Second Amendment is an sin of omission in violation of this sacred trust.

You as a constituent of your elected representatives need to demand these lawmakers do their duty on your behalf, today. Call and set up a meeting. Organize the people of your legislative district and rally together. Demand that something be done now. Don’t take “no” for an answer. Your future depends on it.

The good people of this local area of Aurora would have had in place proper security measures as part of their State-sanctioned and legislated, highly-organized, local community militia system, similar to the Swiss-model of canton security in place today in that very safe and secure European nation. Did you know we used to have that same model in the American States?

This is the constitutional model. At one time, this was the American model of security as well. But we must go back nearly 150 years to find the statutory provisions for such establishments in the States the way they used to be.

With a proper State military and civil defense force in place, every community knows its neighbors personally. James Holmes would not be a complete stranger capable of pulling off this less than random act of violence. The local sergeant-at-arms would have known what arms he owned in his home. In addition, if he did this crime as a member of his local conscripted unit, he would be up for charges by the local militia unit today, tried within a week, sentenced according to the rules of military justice a few days later, and paying for his crime shortly thereafter, in just a matter of weeks from now, not months, as probably will be the case with current Colorado jurisprudence.

The people of Colorado would see that justice is expedited speedily and properly. It will be part of the Colorado system of public justice and security under militia laws, and the people of Aurora would be sleeping peacefully tonight and every night. An ounce of prevention is worth a pound of cure.

The fact that this is not the case is a simple matter of a lack of good sense and living without basic constitutional protections that are part of our founding documents already. Wake up, America; the answer is as obvious as the nose on your face! We need a massive education in what George Washington called “the science of government” again.

By the way, this is not the socially bastardized word “militia” that people react to as being some reference to “boys playing army in the woods.” This is the constitutionally defined term having to do with proper statutory power authorized by legislative action and enforced by the constitutional prerogatives of the free State.

There are good articles, videos, and books to read and watch on this information. For example, Harvard-trained lawyer and constitutionalist Dr. Edwin Vieira, Jr. has over 130 scholarly articles at “News With Views” that fully educate us on these issues, and have done so since 2005. This stuff isn’t new; yet most people are still in the dark. It’s time to be enlightened, now, quickly and thoroughly. You now know where to find the information. If you remain willfully ignorant, you have no one else to blame but yourself.

People may be offended by the following phrase because they may feel it is a vulgar statement, yet it is nonetheless true and appropriate:

We were screwed by the Dick Bill of 1903!

That name is the popular one for the Militia Act of 1903 that put in motion the alteration of the State statutes in the fifty States for the reorganization of the constitutional “militia of the several States” that replaced these fine institutions with the National Guard. Most modern Americans erroneously think that the National Guard is the constitutional militia, but they are mistaken.

If you doubt that, ask the United States Senate. In the 1982 U.S. Senate on the Judiciary Subcommittee on the 2nd Amendment to the Constitution of the United States, the second to last paragraph of their report clearly states that the National Guard is a provision of the standing Army and not the “militia of the several States.” It never has been, and never will be constitutionally. The Guard is part of the standing military provisions of the general government. The States no longer have a proper check-and-balance to this standing military. There is no “power of the sword” in the States. This is a big mistake that needs to be corrected immediately.

Here’s the pertinent wording of that Senate Report:

“That the National Guard is not the “Militia” referred to in the second amendment is even clearer today. Congress has organized the National Guard under its power to “raise and support armies” and not its power to “Provide for organizing, arming and disciplining the Militia”. This Congress chose to do in the interests of organizing reserve military units which were not limited in deployment by the strictures of our power over the constitutional militia (emphasis added), which can be called forth only “to execute the laws of the Union, suppress insurrections and repel invasions.” The modern National Guard was specifically intended to avoid status as the constitutional militia (emphasis added), a distinction recognized by 10 U.S.C. Sec 311(a).”

This is a report from 30 years ago! It’s even worse now than then.

However, revitalizing our 2nd Amendment establishment to protect the people of this attacked community, or those in any other State, is not just a theoretical possibility. The citizens of Aurora, Colorado properly armed and accoutered for duty as a condition of State citizenship to serve and protect themselves are fully capable to come together to take care of this problem on their own.

This story would not be a national tragedy being exploited by people like New York City Mayor Bloomberg, Attorney General Holder, and President Obama or candidate Mitt Romney alluding that such actions need federal intervention. The people of the State of Colorado and the other 49 States and five territories would be living without unnecessary fear because “a well-regulated militia being necessary to the security of a free State” would be practically in place.

The U.S. Constitution would be seriously followed intact. Instead, because we don’t follow it as a closely adhered document, as Republican Presidential Candidate Ron Paul is admonishing us to do, we are still living in a land of apprehension, worry, timidity, and tentative insecurity. Ideas have unintended consequences.

This doesn’t need to be so. We just need to clarify and reestablish proper laws. Every State legislature needs to act, and act now. The people ought to and must now demand it.

This is a time for open dialog and discussion about revitalizing the most important State power that the people can possibly have to maintain security. It is not a time to increase federal intrusion and the power of the Department of Homeland Security under the guise of the “nanny State” protecting its little children from some big mean invisible monster called “terrorism.”

It is time for this nonsensical top-down government to be replaced with common sense bottom-up local and State controls by revitalizing the three vital powers of the State: the power of governance, the power of the purse, and the power of the sword.

We cannot wait one more day to initiate this discussion because another idiot like James Holmes in Colorado, or a possibly misguided vigilante like George Zimmerman in Florida, or some other dangerous individual or individuals are out there.

The larger population of good people need to have the proper tools of self-defense individually and severally necessary to defend their lives, liberty, and property in the pursuit of happiness. These establishments must be provided and maintained. The time is now; the place is here. The reasons are liberty and justice for all. Let’s get to work!

Comments

Restoring the Constitution & Second Amendment the right way! — 2 Comments

  1. Presupposing, Colorado has 3% concealed carriers what are the statistical chances someone was already there that could have made a difference?

    Three things stand in the way of the legal force of the Second Amendment:
    1. The Second Amendment was not incorporated into the 14th Amendment.(See Twining V New Jersey, 211 US 78)
    2. The ignorance of 2nd Amendment advocates on the above matter.
    3. The NRAs perpetution of the myth that they are 2nd Amendment defenders.

    • The problem with the assumption of CCW holders is that they were not (obviously) allowed to carry there, which would not be so if the State statutes were based upon the duty of citizens to be armed and accoutered for service to their communities. Regarding the three obstacles, #1 is moot because the State can apply it, #2 is what we’re trying to correct, and #3 needs to fall through publicly raising the issue until the NRA gets it. Balarad!