I think the mere existence of these organizations constitutes a threat that needs to be dealt with by Congress.
But first of all, lets see exactly what the Constitution has to say on this subject.
Article I, Section 8:
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections 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 II, Section 2:
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
Amendment II:
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 Constitution makes clear that the militia is an instrument of the government, not a creation of private individuals. The Constitution reserves to Congress the power to organize the militia with the States conducting the day to day training when not in service of the United. Since the Dick Act in 1903, the National Guard and the Naval Militia constitutes the active militia. There are a handful of States that maintain State Guard’s, authorized under Title 32 of the United States Code, that are not subject to Federal activation, such as the Texas State Guard.
However, there are a number of so called “constitutionalist” militia’s formed by various individuals in various States, that are actually unconstitutional. They don’t report to the State Governor as a legitimate militia must do. Indeed, they operate completely separate from the umbrella of government. Instead, they conducted armed protests against the very government they are supposed to support and defend. And individual members plotted to kidnap the very Governor who is Commander in Chief of the State militia when not in Federal activation.
These are not militia’s. These are armed private paramilitary groups operating in the United States. Structurally, they are no different from Al Qaeda or ISIS. They merely espouse different views and different goals. While they are not engaging in an active pattern of terrorism, the situation in Michigan and the known radicalism of some of their members clearly indicate that they have the capability of crossing that line at any time.
So what to do?
The Second Amendment ONLY protects the right to keep and bear arms in an INDIVIDUAL capacity. In no way does it confer upon any group of individuals the right to form a paramilitary organization.
Congress needs to act by passing legislation to outlaw the existence of any militia or paramilitary organization, other than those specifically authorized by the Dick Act and controlled by the States, such as the National Guard, Texas State Guard, etc. Existing groups would have 30 days to disband voluntarily, after which they would be declared in violation of the law and their members would be subject to immediate arrest.
Any armed encroachment on ANY seat of government, whether Washington, D.C., the State Capitols, county courthouses or city halls, would be considered an act of rebellion and would be subject to military suppression if required and then civilian prosecution in the Article III Courts. What went on in Michigan was not a civil protest, not by a â– â– â– â– â– â– â– long shot. It was a threat, period.
I would also include provisions against armed interference at any polling location.
Too many jackasses on the left and the right.
Beyond time to shut them all down for good.
As a side note, I would include provisions against arming police with paramilitary equip and banning police from training in paramilitary procedures.
The police are civil servants. They should be 100% separate from the military in all aspects, including equipment and training Use any extra money to train them in situation de-escalation, etc.
