No individual sovereignty can exist. Self determination by self-determined means can only exist by the mutual assurance of a population that is sufficiently able bodied, sufficiently educated, with a sufficiently competent class distribution, sufficiently armed and accoutered, sufficiently organized, and trained to “execute the law…, suppress insurrection, and repel invasion” to produce, maintain, and defend the commons. The production of such commons results in the emergence of polities, which necessitate systems of governance, whereby WE THE PEOPLE, demonstrating sovereignty, delegate responsibilities to our public servants—who are subordinate to the Militia—and who are elected to their offices in our respective cities, counties, states, and federation of states, by a vote of the citizens. At the level of the federation, we have formed two congressional houses to represent our class distribution, including an upper house for the professional officer class (Aristocracy) and a lower house for the general militiamen (middle class). In doing so, we provided the means to negotiate reciprocal political exchanges between the classes by testing for commonality and concurrency. WE THE PEOPLE elect a president of our federation to “take care that the laws be faithfully executed” and, in times of conflict, to serve as Commander in Chief of the “Militia of the several states […] when called into the actual service…” in order to restore and maintain peace. WE THE PEOPLE, organized to “Execute the law”, delegate to the president the responsibility to appoint judges for our judiciary for the resolution of disputes and discovery of settled law. Our entire system emerges from the Militia of the several states: our first and primary institution.
Because no such Militia exist in any of the states or territories of our federation, I propose the revitalization of such to restore stable relations in matters of law and the execution of the law by those who have a demonstrated interest to do so, namely WE THE PEOPLE ourselves.
Militia consists of:
-
Every able bodied, free (not incarcerated) male (near universal membership).
-
Of good character (not a felon, outlaw, et al)
-
Citizen (in need of definition)
-
Armaments and accouterments in militiamen’s possession or stored in an armory as the property of an individual militiaman (whether bought in the market or provided by government)
-
Compulsory (it is a duty and subject to penalty for dereliction)
-
State controlled organization, not federally controlled unless called forth to “execute the laws of the Union (Federal law), suppress insurrection, and repel invasion”.
-
Separate and distinct from the regular armed forces with an independent chain of command as a sovereign body.
-
Organized locally, incrementally scaling up territorially until continental.
The ARMY National Guard
As the name implies, the ARMY National Guard (ANG) is an adjunct of the Army and receives directives from the Army placing it (ANG) in a subordinate position, something impossible for the Militia as a sovereign body. The founding generation was extremely concerned about the potential consequences of having a standing Army which led them to set constitutional limits for the appropriation of funds to provide for maintaining an Army, two years being the allotted time. This means theoretically we could have a period with no Army at all, what would that mean for an ARMY National Guard then? This is just one of many reasons the Militia are to be separate and independent of the regular armed forces.
● Article I, Section 8, Clauses 15 and 16: The Constitution grants Congress the power to call forth the Militia to execute the laws, suppress insurrections, and repel invasions. Additionally, it gives Congress authority to provide for organizing, arming, and disciplining the Militia, while reserving to the states the appointment of officers and the training of the Militia according to prescribed discipline.
● The Second Amendment: Guarantees the right of the people to keep and bear arms as part of a well-regulated Militia, asserting that such a Militia is necessary for the security of a free state. The constitutional structure is clear: the Militia is meant to protect the liberties of the people and balance power across multiple levels of government.
1. Well-Regulated
Possessing standard requirements for the preservation of optimum performance, including the readiness and the capability to execute the law, suppress insurrection, repel invasion, and perform other duties deemed necessary by each State. Federal regulation of the Militia cannot violate or threaten the very existence of the Militia or its ability to perform its constitutionally enumerated duties.
2. Armaments
The purpose of the Militia is to guarantee self-determination by self-determined means; in other words, sovereignty. To guarantee this right requires that the individuals who compose the Militia must be as well armed and equipped as any potential threats that could present themselves. The duties of the Militia are to:
a. “Execute the law”: this requires being armed and equipped at least as well as modern law enforcement officers or better.
b. “Suppress insurrection”: would require being armed and equipped as well as, or better than, special task force units that deal with rioting and civil unrest.
c. “Repel invasion”: If the individual duty operationally exists to repel an invading military force, then those conditions necessitate being as well armed and equipped as the most advanced military force (hopefully better armed and equipped) in existence to ensure victory.
1. Causal Chain for Revitalization
a. Current Deficiencies: Without a functioning state Militia, law enforcement agencies and federal standing Armies have absorbed powers originally meant for local Militia forces. This shift diminishes the people’s sovereignty and concentrates authority in centralized bodies set apart from the people themselves, which increases the potential for government overreach and tyranny on the one hand, and loss of legitimacy on the other.
b. Necessity for a Department of the Militia: Each of the several States must create a Department of the Militia to restore the original balance of power our Founders intended, and the natural (empirical) law demands. This department will serve as the legal and organizational authority over state law enforcement and emergency response units. This structure will produce a direct chain of command that absorbs Law Enforcement, Fire, Emergency Medical Response, and disaster relief organizations ensuring constitutional accountability and readiness of the population.
c. Establishment of a Chain of Command: Consisting of an
i. Officer Class: to be trained as such at a West Point-type Academy in each of the several States.
ii. General Militiamen Class: to be trained at a state Basic Training Command
d. Subordination of Law Enforcement, Medical, Fire, and disaster relief: Law enforcement will operate as specialized units under the authority of the Militia, not as independent entities. The Militia will authorize and regulate the powers and duties of law enforcement units, ensuring that all law enforcement actions are necessary, proper, and accountable to the State Militia Chain of Command for review, thereby preventing institutional corruption or oppression. (For reference: the military police are subject to the regular Armed Forces’ respective chain of commands.)
e. Universal Participation in the Militia:
i. Participation in the Militia must be compulsory for all able-bodied male citizens of good character. This participation will:
-
Produce a well-regulated, trained, and armed citizenry capable of responding to local and national threats.
-
Reinforce the concept of civic duty by involving every eligible adult in maintaining peace, executing laws, suppressing insurrection, repelling invasion, and responding to natural disasters or other emergencies.
-
Diminish the reliance on federal or centralized forces for domestic security and emergency services. (Militias organized as described would be much more effective than FEMA in responding to natural disasters.)
2. Creation of Specialized Units:
a. Independent companies and specialized units (such as cybersecurity teams, emergency response squads, media reporting (intel), civil engineering, general law enforcement, et al.) will operate within the broader Militia framework. These units will serve specific roles and tasks while being subject to the overall Militia command structure. Their specialization will synergize with traditional Militia roles, enhancing overall readiness and capability.
Operational Steps
1. Establishing the Department of the Militia:
o States shall create a “Department of the (Name of State) State Militia”. This department will:
Organize and provide for the training of all Militia members, including Militia law enforcement units attached to local command structures.
Supervise all law enforcement actions, ensuring they align with constitutional limits.
Discipline Militia law enforcement as necessary and oversee the integration of current law enforcement departments and agencies (FBI, ATF, et al) into the Militia framework.
2. Law Enforcement Under Militia Command:
o Full-time law enforcement will operate under the command of the Militia. The Department of the Militia will have the authority to:
Commission, train, and deploy officers and militiamen, when such militiamen are on duty—based on set duty rotations ordered by their local chain of command.
Define the scope of law enforcement authority, ensuring that police powers are necessary and limited by constitutional standards.
Audit and discipline officers and militiamen for misconduct, ensuring that all actions are accountable to the state’s Militia command structure.
3. Training and Community Integration:
o Every able-bodied citizen of good character will receive basic training in militia readiness, law enforcement techniques, and emergency response. Training regimens will be prescribed by the Department of the Militia and implemented by local commands to ensure that all participants are capable of defending their communities, responding to crises, and upholding state laws.
4. Deployment and Command:
o In cases of emergency or law enforcement needs, the Militia will direct officers and Militiamen to act according to a hierarchical chain of command. By ensuring that the Militia has fully integrated law enforcement, the state will diminish the risk of rogue or unaccountable actions by individual officers or centralized federal agencies as they would be absorbed by the militia of the several states and no longer federalized.
Testability and Real-World Application
1. Measuring Subordination:
o The integration of law enforcement under the Militia will be tested through audits of law enforcement activity, ensuring that all actions conform to the Militia’s authority. Necessary metrics include compliance with state laws, response times in emergencies, and adherence to constitutional protections.
2. Civic Participation and Accountability:
o Universal participation in the Militia can be tested by the percentage of eligible citizens who complete training and have active-duty rotations. Civic engagement will be measured by the readiness and availability of Militia units to respond to local crises without federal assistance.
3. Prevention of Overreach:
o The necessary accountability provided by the Militia’s oversight will diminish the likelihood of excessive force or unconstitutional actions by law enforcement. Regular reviews and citizen input will ensure that law enforcement remains a tool of the people, synergizing with the broader goals of public safety and constitutional fidelity.
Conclusion
Revitalizing the Militia of the several states is a necessary step in restoring constitutional order and ensuring the security of a free state. By creating state Departments of the Militia, subordinating law enforcement, fire, medical and disaster relief under its command, and requiring universal participation, states will produce a robust, accountable, and well-regulated Militia that serves both as a deterrent to tyranny and as a guarantor of public safety. This proposal directly addresses the causal chain of declining civic participation and centralized control, replacing these deficiencies with a decentralized, constitutionally grounded system of self-defense and law enforcement.
