- The Constitutional Militia IS Your Duty
Under The Second Amendment - Part I
By Devvy
Exclusive to Rense
1-1-12
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 This is one of the most important columns
I'll ever write and I've written several thousand over the years.
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- While millions were guzzling the booze, the usurper,
Barry Soetoro aka Barack Obama, decided to sign the National Defense Authorization
Act on New Year's eve while playing in Hawaii on borrowed taxpayer dollars.
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- As millions who are informed about the internal destruction
of this country read the language of S. 1867 and the house version, H.R.
1540, controversy arose over several sections (1021, 1022 and in the senate
bill 1032); in particular the word requirement.
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- SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY continues
over to page 362:
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- (b) APPLICABILITY TO UNITED STATES CITIZENS AND LAWFUL
RESIDENT ALIENS.
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- (1) UNITED STATES CITIZENS. The requirement to
detain a person in military custody under this section does not
extend to citizens of the United States.
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- The putative president with no power to sign anything
into law has now clarified it for everyone. This
is from one media source (emphasis mine)
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- "The new law now requires military custody for any
suspect who is a member of al-Qaida or "associated forces" and
involved in planning or attempting to carry out an attack on the United
States or its coalition partners. The president or a designated subordinate
may waive the military custody requirement by certifying to Congress that
such a move is in the interest of national security.
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- "The administration also pushed Congress to change
a provision that would have denied U.S. citizens suspected of terrorism
the right to trial and could have subjected them to indefinite detention. Lawmakers
eventually dropped the military custody requirement for U.S. citizens or
lawful U.S. residents."
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- "My administration will not authorize the indefinite
military detention without trial of American citizens," Obama said
in the signing statement. "Indeed, I believe that doing so would break
with our most important traditions and values as a nation."
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- Here is the text of Obama/Soetoro's official statement from the
White House
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- "My Administration strongly supported the inclusion
of these limitations in order to make clear beyond doubt that the legislation
does nothing more than confirm authorities that the Federal courts have
recognized as lawful under the 2001 AUMF. Moreover, I want to clarify that
my Administration will not authorize the indefinite military detention
without trial of American citizens."
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- Our most important traditions? The Bill of Rights is
now a tradition? But, of course, Obama/Soetoro is a pathological liar and
there is that pesky sentence above containing the words "may waive
the military custody requirement". A signing statement has no weight
of law so I can assume that somewhere down the line, the opposite of what
the usurper says will happen.
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- So, now what are you going to do about it? After the
"Patriot" Act was signed, the Internet was flooded with a thousand
columns. Hand wringing, moaning and lots of martial law is coming!!!!
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- What did people do after the John Warner Defense Authorization
Act was passed in 2007?
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- Use of the Armed Forces in major public emergencies
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- "(B) suppress, in a State, any insurrection, domestic
violence, unlawful combination, or conspiracy if such insurrection, violation,
combination, or conspiracy results in a condition described in paragraph
(2)."
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- Lots of hand wringing, moaning and big macho talk followed
that new law which accomplished nothing.
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- But what about Posse Comitatus people screamed in columns
and on talk radio? Well, it was being chipped away while everyone ignored
the solution:
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- Battle
Plan for the 50 States (Sept. 2008)
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- "The Posse Comitatus Act, a United States federal
law (18 U.S.C. § 1385) passed on June 16, 1878, prohibiting most members
of the federal uniformed services (the Army, Air Force, and State National
Guard forces when such are called into federal service) from exercising
nominally state law enforcement police or peace officer powers that maintain
"law and order" on non-federal property (states, their counties
and municipal divisions). In other words, the PCA limited to a great degree
the powers of the federal government to use active military for law enforcement.
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- "There have been more laws enacted by Congress over
the years explicitly allowing the military to be used in certain domestic
scenarios. Legal hawks say the most significant is the 'Military Support
for Civilian Law Enforcement Agencies Act of 1981 ("MSCLEA"),
the purpose of which is to allow the exchange of information and services
between military and law enforcement "when necessary" to protect
the people and interests of the United States.
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- "Major Craig T. Trebilcock, U.S. Army Reserve, penned
a paper titled, 'The Myth of Posse Comitatus', in October 2000, where he
said: "Is the Posse Comitatus Act totally without meaning today? No,
it remains a deterrent to prevent the unauthorized deployment of troops
at the local level in response to what is purely a civilian law enforcement
matter."
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- "Really? Did you forget New Orleans and WACO, Major
Trebilcock? His paper was a justification for use of military within the
states of the Union for "domestic terrorism."
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- Anyone who has taken the time to learn the history of
how this constitutional republic was birthed know without any doubt the
states at that time did not hand over all the power to the General Government.
Far from it and the limitations on the power of the newly created General
Government, the body for lawmaking being the U.S. Congress are succinctly
spelled out in Art. 1, Sect. 8 of the U.S. Constitution. Let me quote Joseph
Story, Associate Justice, U.S. Supreme Court, Commentaries on the Constitution,
1833 - emphasis is mine:
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- "Another not unimportant consideration is that the
powers of the general government will be, and indeed must be, principally
employed upon external objects, such as war, peace, negotiations with
foreign powers and foreign commerce. In its internal operations it can
touch but few objects, except to introduce regulations beneficial to the
commerce, intercourse and other relations, between the states, and to lay
taxes for the common good. The powers of the states, on the other
hand, extend to all objects, which, in the ordinary course of affairs,
concern the lives, and liberties, and property of the people, and the
internal order, improvement and prosperity of the state."
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- One of the biggest mistake the states have made over
the decades is to accept money from "laws" passed by Congress
making the borrower slave to the lender. I put laws in quotation marks
for a reason:
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- 16
Am Jur 2d, Sec 177 late 2d, Sec 256:
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- "The general misconception is
that any statute passed by legislators bearing the appearance of law constitutes
the law of the land. The U.S. Constitution is the supreme law of the land,
and any statute, to be valid, must be In agreement. It is impossible for
both the Constitution and a law violating it to be valid; one must prevail.
This is succinctly stated as follows:
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- "The General rule is that an
unconstitutional statute, though having the form and name of law is in
reality no law, but is wholly void, and ineffective for any purpose; since
unconstitutionality dates from the time of it's enactment and not merely
from the date of the decision so branding it. An unconstitutional law,
in legal contemplation, is as inoperative as if it had never been passed.
Such a statute leaves the question that it purports to settle just as it
would be had the statute not been enacted.
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- "Since an unconstitutional law
is void, the general principles follow that it imposes no duties, confers
no rights, creates no office, bestows no power or authority on anyone,
affords no protection, and justifies no acts performed under it.....
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- "A void act cannot be legally
consistent with a valid one. An unconstitutional law cannot operate to
supersede any existing valid law. Indeed, insofar as a statute runs counter
to the fundamental law of the lend, it is superseded thereby.
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- "No one Is bound to obey an unconstitutional
law and no courts are bound to enforce it."
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- The problem we face is there is no longer any true justice
in the courts, federal or state. Judicial corruption and activism is a
cancer that has grown over the years thanks to the cowardice of the Outlaw
Congress in their failure to remove bad judges. The same applies at the
state level.
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- For those who do not take seriously what is happening,
you ought to take the time to read The
Rise and Fall of The Third Reich: A History of Nazi Germany by
William L. Shirer; a massive tome of 1140 pages. Or, this superb article
by Jacob G. Hornberger (Sept. 2006): How
Hitler Became a Dictator. The same path to totalitarian government
has been underway for years.
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- Again, I ask, what are YOU going to do about our dire
situation?
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- Complain? Threaten to throw out your congress critter
in Nov. 2012? Maybe write another letter for which you will receive the
same doublespeak you've been getting from Rep. Fool for years? Call into
talk radio? Make big testosterone talk? How about all the new columns that
will now be written about the NDAA protesting what Soetoro signed into
"law"?
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- Will any of those actions stop tyranny?
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- All my life I have been a staunch supporter of the Second
Amendment. Our God given, natural right to own and bear arms. It wasn't
until 2005 when Dr. Edwin Vieira began writing his scholarly columns about
the Second Amendment I realized I didn't know squat. I knew what part of
the Second Amendment said, but I had absolutely no idea what the first
few words actually meant regarding the right to own and bear arms:
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- 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.
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- Now, before Napolitano and her henchmen from the massive
waste of money called the Department of Fatherland Security get a thrill
up their legs, the constitutional militia is not to overthrow
the government or to go to war against the government. America can thank
the foolish out there (especially law enforcement agencies) who believe
the lies spewed by the freedom hating money bags at the Southern "Poverty"
Law Center regarding "a well regulated militia" as being something
so vile, even use of the word militia is akin to cursing.
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- Nothing could be further from the truth as I learned
over time by reading Edwin's columns and his book, Constitutional "Homeland
Security," Volume One, The Nation in Arms. I also re-learned what
I had forgotten from school about the history of this country and the power
of the purse and sword:
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- "When evil men take office, the whole gang will
be in collusion. They will keep the people in utter ignorance and steal
their liberty by ambuscade. A standing army we shall have, also to execute
the execrable commands of tyranny. Your guns are gone! What resistance
could be made?
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- "Will you assemble and just tell them? Even
if you could assemble, how will you enforce rightful punishment when due?
Your guns are gone!
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- "My great objection to this government is that it
does not leave us the means of defending our rights, or waging war against
tyrants. Have we the means of resisting disciplined armies, when our only
defense, the militia, is put in the hand of the congress?......Oh, sir,
we should have fine times, indeed, if to punish tyrants, it were only necessary
to assemble the people.
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- "Let Mr. Madison tell me when did liberty ever exist
when the sword and the purse were given up from the people? Unless a miracle
shall interpose, no nation ever did, nor ever can, retain its liberty after
the loss of the sword and the purse. Guard with jealous attention the public
liberty! Suspect everyone who approaches that jewel. Unfortunately, nothing
will preserve it but downright force, and whenever you give up that force,
you are inevitably ruined!" Patrick
Henry
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- Click here for Part Two
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- http://www.devvy.com. You may also sign up for her free email alerts.
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