Restore the Republic

The Relentless Hunter

March 21, 2014 | 2nd Amendment, Civil Liberties, Constitution, General, Sovereignty

They hunt in packs. They are not stealth. They come growling, snarling, and ready to tear into the prey.

They can run for miles, upon miles. If you can run twenty, they will run twenty-one. If you can go fifty, they will go fifty-one.

Their pursuit is endless. No prey can outlast them. They are the greatest hunters in the world as they are absolutely relentless.

Dog-sled trainers will run dogs for One Hundred Twenty Miles in the morning, and then do it again in the afternoon for an astounding Two Hundred Forty Miles in a day. The dogs are restricted only by the fact that the trainers are exhausted.

They are legendary as hunters because no prey can match their ability to command the field through pure stamina and resilience. If you stop they will pounce. If you continue on exhaustion will eventually set in, but the outcome was determined the moment you were targeted as the prey. They are nameless predators who survive outside the realm of society.

Predators and prey also exist in society, but the predator need not hunt or chase for the prey is the willing victim. Politicians lure the prey with tidbits such as welfare, and they destroy the prey with fallacies such as “terrorism”, “security”, “democracy”, “immunity”, “judicial fiat”, and “compelling interest”.

Politics is a different sphere, but it is no less as vicious an environment as the woods and jungles where the predator feasts on the carcass of the vanquished. In the dark world of politics the predators have names such as Bloomberg, Soros, Schumer, Sweeney, Buono, Feinstein, Brady, Dees, and Obama.

The difference between the two breeds of predators is that the dog’s nature compels it to hunt to survive in the wild, but in the home it is a devoted servant to its master. The political predator seeks to undo the master and make it the servant to its illegitimate acts, and perverse desires.

The K-9 in the wild depends on its cunning, and stamina. The politician depends on its prey’s willingness to be duped, and its shallow character, which always shows to be week, dependent, ignorant, or ambivalent.

The United States formed under the Declaration of Independence, its first legal document. The wording outlined the basis for this original and forward thinking nation as one of the People, by the People, and for the People. As Madison wrote in Federalist 78 “There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. *** To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.”

The idea of this Republican form of government was that all power would derive from the hands of the People with whom sovereignty would remain. So the structure of limited powers granted to the federal government were set out in the Constitution to which the individual states swore allegiance.

The states themselves created their own documents that essentially detailed the rights of the People, and the guidelines for checks and balances that would inhibit, and halt the encroachment upon the liberty of the People. The country developed as a nation wherein we recognized that we “are endowed by our Creator with certain unalienable rights” *** “That to secure these rights, governments are instituted among men, deriving their just power from the consent of the governed” and it is our right and duty to “alter or abolish” that government encroaching on our freedom.

The concept of the People being sovereign seems to be almost impossible for people to understand. Perhaps its been weeded out of our national mindset? Maybe we’ve simply abdicated our duty to maintain our rightful place in the rule of law?

Our entire structure of law is based on basic principles, but we are barraged with nonsense about the legislature having to do this or do that. We want, and should be electing legislators who sit back and say, our rule of law is clear, I cannot vote for such a law as it is not within my authority, and it infringes upon your rights. You have the power to prosecute so you may bring your complaint to the Grand Jury whose duty it is to investigate such matters.

Using these simple principles all the laws that are unnecessarily created would not come into existence or interfere with the execution of justice. More importantly, the People have the proper venue for remedy and relief from which no one is immune.

Pointless laws aimed at the erosion of rights, and the eventual destruction of liberty is prevented when the People enforce their rule and keep the government in check. But as the character of man suggests, we grow ambivalent, lazy, and perhaps even envious of the fact that our neighbor does not conform to our own political agenda.

At the outset this nation was blessed with a group of men who were forward thinking. They established offices under the control of the People designed to thwart the often-unlawful acts of government, The Grand Jury, The Jury, and the Militia are bulwarks against encroachment upon our freedom. 

Each of those offices was steeped in a history dating back to the Magna Charta. There was no question about their duty, and what actions they needed to take. In our system of law, where sovereignty remains with the People, the Jury can nullify the law, and the Militia is the only constitutional body “being necessary to the security of a free State”. There are no other law enforcement agencies spoken of in either the state or federal Constitutions at the outset. It is our foundation that defines the rule of law, not interpretations, or the constant barrage of laws that are legislated into existence.

Today the courts have restricted, and corrupted both the Grand and Petit juries. Our own ignorance, laziness, and I dare say stupidity have destroyed the tools we had to maintain a free state.

The Supreme Court tells us that a right can be regulated, and instead of demanding that the members of that court be impeached and tried as felons we cower in a corner and re-elect the same representatives who should be protecting our rights from judicial tyranny.

The judicial system has sold us out to those who seek ultimate power. Read the Bill of Rights. How many of those rights have been diminished so that they represent a shadow of what they were meant to be?

However, I can’t lay the blame exclusively on the legal profession because if we are unwilling to do the simplest of tasks, such as taking the time to read and understand what the law of the land actually entails, we have no one to blame but ourselves. We are our own worst enemy.

We bow and kneel to those claiming authority over us. We don’t challenge, we submit. When rights are in question, we are willing to accept whatever the court hands us with little or no resistance. We act as if we were never born with the instinct to survive, to protect, and defend our family and friends. Almost everything we do is contrary to the natural instincts that are built into our genetic structure. In our current condition, we disavow the noble accolades described by our Founders, “We hold these truths to be self evident, that all men are created equal”.

If we continue to act in such a fashion in this political climate the rights of the People will continue to evaporate. A court decision here, a rule made by an unconstitutional agency there, and our children will be looking at a society that will be brutal. There will be no rights, but rather privileges that the state grants. Our children will be slaves to a ruling class and they will have no recourse left to them except to endure, or worse fight a battle for freedom when they have almost no chance of success.

I am a proponent of revitalizing the Militia as is clearly shown in law across the national spectrum of constitutionality. It is not about pretending that I’ve made a militia group, but rather about petitioning the government to abide by the law under Article 1, Section 8, and whatever the corresponding section of your state Constitution may be.

I am not about violence, but I recognize that violence is all around us in the form of unconstitutional agencies brandishing guns, and ignoring the oath of office. However, if we’ve become so stupid as to not even exam the law as I’ve stated, there will be one course of action left to our children, those who’ve not been duped into believing that servitude in the normal state of humanity.

What I see in the political landscape today are relentless hunters slowly but surely diminishing our rights. They can move slowly without any fear that the prey might turn on them because, as in the wild, the prey knows two things, escape or death. Humans don’t seem to be able to grasp these simple concepts.

A warrantless search today, a 10 round magazine tomorrow, a trial wherein the judge improperly instructs the jury, and tomorrow we have thugs breaking down our doors, no guns to protect with, and no fair trials to defend ourselves.

The relentless hunter will continue unabated because in his mind he has the stamina, but not only the stamina, he also has the willingness of the prey to lie down when the time comes, and be devoured.

Nick

 

Now I’m Scared

January 6, 2014 | Founding Documents, General, History, Militia, Sovereignty

I recently read an article by Dave Hodges at Common Sense Radio. The article is titled “Can M-16’s Defeat F-16’s In the Coming Civil War”. Like all of Dave’s articles, I highly recommend you read it, and digest what he has to say.

I myself had to comment, but I felt that I needed to expand a bit, and so this article is in part a reflection on what Dave has written.

If you’ve read any of my articles you will probably find that a number of them are beating the drum for the revitalization of the Militia, and the importance of the role it should play in maintaining a free state. For those unfamiliar with the law enforcement powers of Militia it should protect real courts of law, and a safe and prosperous community free from corrupt politicians.

I’ve focused on the Militia because I’ve learned quite a bit over the years, and appreciate the fact that it is up to us to maintain a ‘free state’. Neither bully, nor power hungry politician easily steps aside, and no nation is so secure as to believe it cannot be invaded. Should we be invaded, or our government goes completely out of control, the Militia would represent a ready made fighting force familiar with the terrain, well dug into the community, and therefore formidable guerrilla fighters.

I’ve known for quite some time that waking people up was a daunting task, and not one for the weak of heart. Most, no matter what facts you might give them are caught in the mainstream whirl of propaganda and lies. No matter how awake you might believe an individual to be, they are simply cognizant of the fact that there is a problem, but have no idea as to how bad it really is, nor do they have a clue as to how it must be resolved.

I could mention the names of people I listen to on a daily basis, and cite the many times they contradict themselves, or the misunderstanding of the topic at hand. I could refer to the constant use of the word ‘solution’ for what is nothing more than a weak strategy that would take years upon years to have any affect while our nation crumbled around us. I could point to the failure to either understand, or deliberately misstating what has actually taken place in history in order to promote their mindset or agenda. Perhaps these people should start to recognize that the time to talk has passed, and a political solution cannot exist without our use of the ‘Sword’ as Dr. Edwin Vieira has so eloquently stated.

Specific names, places, dates, times, and facts seem to elude as being relevant to what is right in front of their eyes. Perhaps the term ‘cognitive dissonance’ would be aptly applied even to those who lead the charge to alert the public. Because while pointing to the fact, they seem to avoid the all important point of sovereignty, how it is enforced, and how we’ve abdicated our position in this Republic of, by, and for the People.

Dave makes a number of points that can’t be refuted, so that is not the reason for this article, but rather it is posed as a question to whether or not we have the stamina, or even the where-with-all to overcome and succeed. Dave just gave me a starting point from which to blow off a little steam caused by the frustration that build’s when contemplating the dark days ahead, and trying to understand the reasoning of some.

Let’s take the NRA and GOA, along with the many splinter groups out there that believe they are actually fighting for the ‘right to keep and bear arms’. I have a particular beef with these organizations because they seem to avoid the proper fight, or are just in it to hear themselves talk. Obviously you can’t win the battle if you’re trying to fight a standup fight against an opponent who has unlimited resources, and can come at you from a thousand different directions; rogue courts, corrupt politicians, rigged elections, the re-education system, and false flags just to name a few.

I would put it at more than Twenty Years that I’ve been asking the NRA to move the fight to the Militia, and more recently GOA and a number of smaller groups such as the New Jersey 2nd Amendment Society in my home state. It either falls on deaf ears, I get the completely erroneous response that the National Guard is the militia, or the even more ridiculous diatribe that I do not understand that you have to fight for your rights. I’m not sure how the last response comes into play when you’re attempting to educate someone on the insanity of his or her course of action.

Yes indeed, you have the responsibility to maintain your rights, but you have to know what they are, the difference between rights and privileges, and how to enforce them. Begging before some legislative committee with arguments that do not apply to the law to which you speak can easily be ignored, and or refuted. For those who claim to have read a history book, the Second Amendment does not stand alone as it is part and parcel of the body of the Constitution, and the One Hundred Fifty Year history of the Militia prior to the ratification of that second doctrine of law.

Our first doctrine of law being the Declaration of Independence, which by the way points to the truth, and fact of the matter that our rights are secured by “Governments*** instituted among men, deriving their just powers from the consent of the governed.” It does not say that governments popped up out of thin air, and that we are subject to the rules and regulations set out by a group of demi-gods who rule over us with a force of arms we ourselves are denied. Nor do people such as Nicole Hockley, who has suffered a great tragedy, have the right to call upon government to attain her goals by granting a monopoly of power to the state.

Quite contrary to what seems to be popular belief, our first act of law clearly states, “That whenever any Form of Government becomes destructive of these ends, it is the right of the People to alter or abolish it.” I’m not quite sure what is confusing about these words, but apparently the meaning is lost to most. I have the right to live as I choose, protecting my life and liberty as best suits my needs, and I have granted to this fiction known as government the responsibility to help protect those rights. I have not sworn allegiance to an illusion that may at any time infringe upon my rights using false applications of safety brought about by either real acts or political subterfuge. I certainly have not adorned it with powers to neuter my martial resistance if the abuse does not stop.

Over the past few decades the potential for a civil war has grown through the maneuvers of the political and corporate elite. It should have been a learned fact of history that when the government becomes abusive the people may revolt, and that it would not be a standup fight. Obviously, if we allow the government to build a standing army with a budget in the Hundreds of Billions we couldn’t hope to face that down, and now with the infusion of foreign troops in question, we have but one choice; become a guerrilla fighter.

We haven’t planned for any impending conflict, and we continue to avoid the obvious. We’re not preparing as the guy on the ground, and to add to that abandonment of responsibility we’ve poured the bulk of our efforts on the voracity of a rogue judiciary, and a totally corrupt system that steps on our sovereignty from both sides of the political fence. How many times do we have to go into court, or watch the incumbent re-elected before we stop and say, it’s not working, let’s go at this a different way?

The answer to our foolish strategies becomes apparent as you realize that Dave Hodges is talking out loud about what may very well take place. Did anyone in the alternative media, or this so-called patriot movement believe that our victory or defeat rested upon two opposing armies duking-it-out on a mythical battle field with one side wielding a host of formidable weaponry, while the other showed up with sling shots, fists, and facts? Harsh words aside, it remains that those who seek power will keep it at all cost.

Good gracious, is that what they’re actually thinking? If that’s the case then perhaps we should think about the people we’re listening to, and start to reconcile in our minds that we need to start a new paradigm. As much as we all hope for a peaceful solution, we can’t obtain it if our notions are astray, and the outspoken leaders in this movement scream about a ‘control grid’, and how potent it is. That the only solution to fighting an undefeatable monster is to wake our neighbors, who by the way could already be controlled by this technology. How can they expect that anyone with a logical mind take them seriously?

If the grid can control everyone, then let me suggest that no matter how many people wake up, a push of a button will put him or her to sleep. No, the odds are, like anything else, there are those who can’t be controlled, and certainly there are those who can wield an AR, or AK as if they brought hell with them.

Weaponry aside, perhaps many of us live under the false impression that we have too much to live for, and that blood is not this very moment being shed by many? That there are not millions out there who go to bed hungry, have been framed or prosecuted for some pretend offense, or have nothing left to them. I hear, or read these stories every day in the alternative media.

Maybe freedom is just a passing fancy brought about by a rag-tag group of individuals whose ideas are no longer valid. After all, true freedom was an outlandish concept at the time of our revolution, and there are many who parrot the idea that the Constitution is outdated.

I’m not sure if my diatribe on what Mr. Hodges’s has awakened holds water, but I do have one dispute with what he states, and a Mr. Hezekiah Wyman aptly inspires it.

On April 19, 1775 the Militia mustered to engage the British regulars at Lexington and Concord. Hezekiah Wyman was Fifty-five years of age as he left his home on Cambridge Street. You are too old to go to war proclaimed his wife, but Bravery lives on even after the body grows old. Freedom will not be denied its rightful place with age; it is timeless.

None-the-less, the gray haired warrior gathered his accoutrements and harnessed his white horse.

Hezekiah, Flintlock in hand, mounted his horse and then pursued and attacked the British regulars at every turn on the road upon which they marched back from Concord.

Along that road toward Boston, Wyman made the legend of the ‘White Horseman’ who fought the Red Coats, firing with deadly accuracy as bullets whizzed passed the gaunt figure upon the white mare.

He, like so many others, was the heart and soul of the American Revolution. The Militia, loading ball after ball, aiming, and then firing into the face of tyranny that once gave this nation its birth, and its freedom.

We are a nation built upon the blood of the volunteer, the Minute Man, and Militia. May we never forget the invigorating force of Liberty, or the fight to maintain that precious commodity.

Never let that spirit die! No matter how old you are, how desperate the situation, or how great the odds; Fight on!

Nick

My Humble Opinion

November 29, 2013 | 2nd Amendment, Civil Liberties, Constitution, Founding Documents, Sovereignty

As the years go by, I find it increasingly more difficult to place my thoughts upon a page for others to read, and contemplate.

It is not that I have little or nothing to say in any matter, but rather that I am tired of watching this country sink into an abyss from which only despair can ensue. Our solution? Talk endlessly about the problems and take no action other than what has been done over and over with little or no results except the slow erosion of our rights and liberty.

Some things do move me to place my opinions on paper and send them off to the world.

Today I write because of the words of one Mr. Dick Metcalf. It is not simply a matter of agreeing or disagreeing with his most foolish and ignorant statements, but rather that he voiced the opinion of too many gun owners, and an overwhelming majority of the populace.

Let us start with first principles. Whether you understand it or not, the Declaration of Independence is the first document of law established by the United States of America. In it you will find the reasons that the colonists chose “to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them…”

At the end of the revolution the arduous process of creating a system of government began. Many think, or rather have been taught to believe that the Constitution defines the rights, and privileges of the citizen rather than its construction as an enumeration of limited sovereign powers granted to the government. It is not a blank sheet of paper that may be interpreted as a political agenda, and it is not written in a manner that would out date its primary directive; a government of specified authorities that established the rule of law, and the Sovereignty of the People.

Before you read any further you must be clear that so many, such as Mr. Metcalf, either cannot understand, or simply will not support the fact that [we] “are endowed *** with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.— That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.” A bold concept at the time when monarchy’s reigned throughout the world.

You must also, with unwavering support, recognize and abide our lawful doctrine “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it ***”.

If you choose to have a black robed administrator interpret the law for you, then the battle is lost and it is time to lay down your arms, go home and wait for the inevitable. For as sure as the Sun will rise in the East, men seeking power will interpret away all of your rights and shackle you with their whim, or worse their perversions.

The blood of patriots formed the United States, but now it is being destroyed with the blood of innocents under the weight of bureaucrats, and servants whose primary responsibility is to protect the rights of the individual. Instead those bureaucratic servants of the people have ascended to the role of autocrat through the unlawful acts of the courts.

Everywhere you look there is an abuse of power being performed under “qualified immunity”. This is our legacy to our children; a dictatorship formed through ignorance and ambivalence.

But, we should be thankful to Mr. Metcalf for his, in my mind, obviously blatantly repugnant disrespect for our rule of law, as he has pointed to our misunderstanding of that law. For if a government proclamation of any sort can regulate our arms it is not a right, but rather a privilege by legal definition.

Perhaps now a decent and intelligent discussion may commence on the Sovereignty of the People, and the proper role of a limited government. It is my hope that Mr. Metcalf, and others will learn some lesson from this incident.

On to the facts.

“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.” That amendment must be read in its entirety, and with due respect for its lawful tenor, not only as a right, but also as a duty; a duty that we have failed to perform.

Yes my fellow citizens, we have failed to perform. It became so evident that in 1902 the United States Congress admonished the citizen, and gave us the Dick Act. The legislation was enacted because of the constitutional mandate under Article 1, Section 8, Clause 15&16, the laziness, and obvious unwillingness of the People to maintain the rule of law.

I am going to make some points about the Dick Act that I would venture to wager the majority reading this will have a similar response to that which they displayed for Mr. Metcalf’s statements.

The Militia are the body of the People fully armed, “well regulated”, and under the control of the state, not the federal government. The Constitution entails that the United States was and is, to this day, “reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress…”

There has been no amendment to the Constitution that repealed, or changed Article 1, Section 8, Clause 15, Clause 16, or the Second amendment. So when we speak of the Dick Act as our excuse to avoid our constitutional duty, we do so with the knowledge that there are those who look at us as nothing more than sheep to be led to slaughter.

It cannot be denied that the Constitution does not state that the Army or the Navy is “necessary to the security of a free state”, nor does it give credence to a National Guard created without amending the People’s awesome responsibility and duty to enforce the laws of the land.

So we ourselves set the question as to why we should press ourselves to devote four or five weekends a year to learn the tools needed to preserve a peaceful and productive society devoid of constant abuse from street thugs, and persons of unconstitutional agencies operating under ‘color of law’?

Imagine, if you will, the inconvenience of mustering once every few months to train as a soldier. Imagine the responsibility of securing our neighborhood, and being accountable for the reduction of crime. Imagine the horrible burden of keeping the streets safe for our wives and children. Imagine the unthinkable hardship of having to muster to fight off an invading army. It seems just too much to bear when we can pass our duty off to someone willing to make the sacrifice.

It is much easier to send a few dollars off to the NRA or GOA so that they can ignore the rule of law and argue that the Second Amendment does not mean exactly what it says, but that it should be read only in part. An argument that has kept the slow and inevitable erosion of rights going for decades. I choose not to do so, but rather to alert my fellow Americans to the fallacy of pretending that they are actually fighting the good fight by begging legislators to uphold their oath of office, or voting in this infamously controlled two party system.

Our failure to uphold the complete text of the Second has caused the loss of the power of the Grand Jury because the courts saw no push-back when they interpreted away its true and proper function. We lost the power of the Petit Jury because the courts play on our ignorance, and instill fear in those who would by their enlistment in the Militia have the lawful means to uphold their duty. Our freedoms are regulated away by the very councils that we elect, or appoint, to serve our authority. We are content with doing nothing but petitioning a system intent on our subjugation.

Prior to placing Article 1, Section 8, Clause 15&16 into the body of the Constitution, the Founders had One Hundred and Fifty Years of experience and legislative doctrine with the duty, and power of the Militia. They did not need to explain it because it was our history, a history that the Dick Act simply highlighted as it had no force to amend the Constitution.

The Militia is such an important part of our function of government that those who understood the character of men sought, and succeeded in having it enshrined as a right not to be infringed.

Where are the Militia, and our sovereign authority?

It has been relegated to the history books by propaganda set out by the very people who would benefit most by a disarmed and docile populace. It has become a relic of days gone by when the Militia took up arms to meet the British on Lexington Green when on April 19, 1775 Captain John Parker commanded his Minute Men to “Stand your ground. Don’t fire unless fired upon, but if they mean to have a war let it begin here.” Those words are vanishing into history made a myth as though fathers and sons never mustered in place to protect their beloved community.

So where are the Militia today? It stands behind the few dollars we donate, the votes we cast for those who promise us that they will abide their oath, and the lawfully unsupportable claims we make before legislative hearings and court pleadings.

If we’ve failed in our duty to train and hold the tyrant at bay, then how can we anger over the words of Metcalf when our own actions support his ignorance? Is it not the same?

Metcalf’s words simply echo the thoughts and actions of the people as a whole. We are remiss in our duties, but we feel a need to admonish those who speak what has been on our own minds for decades.

However, we are not lost. We can still regain our Sovereignty if we choose to brandish our Sword through the duly organized Militia under the properly legislated authority of our state. A Militia that we must force our governors and legislators to recognize by either sponsoring the proper legislation, or in some cases demanding that the governor uphold his office and begin mustering the Militia as it was meant to be; the People’s duly recognized law enforcement arm.

The authors of the Constitution depended upon history and well established law to show the truth of the matter; “The power of the sword, say the minority of Pennsylvania, is in the hands of Congress. My friends and countrymen, it is not so, for the powers of the sword are in the hands of the yeomanry of America from Sixteen to Sixty. The militia of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. Who are the militia? are they not ourselves.” -  Tenche Coxe on the Right to Keep and Bear Arms.

To some, our righteous indignation, and subsequent dismissal of Dick Metcalf is an accomplishment of sorts. However, I view it as nothing more than the sum total of our failure to understand the law, rights, privileges, and the principles of a free and honorable People.

Nicholas Testaccio

Militia Is Not A Bad Word

August 2, 2013 | 2nd Amendment, Civil Liberties, Constitution, General, Militia, Sovereignty

I formulated the letter below, intended for the governor of my state, but it applies to all with the proper statutes substituted for that of the applicable state. You may be part of the active core, 17 – 45, or you may be in that group beyond the age of immediate mandatory service. However, as the Acts were written, we are all responsible to keep, and maintain a functioning firearm for any and all emergencies.

Let’s step back some time to United States v Miller 307 U.S. 174 “The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon.” Our most recent memory of the court citing the Right to Keep and Bear Arms as related to the Second Amendment.

There is a reason for the Second beyond the individuals right, for it is not as simple as saying that I must be allowed self-defense. My duty is not only to myself and family, but also to the community at large and the state to which I hold allegiance, and the state in turn holds its duty to you by protecting your right.

In Cruikshank v United States 92 U.S. 542. “There is in our political system a government of each of the several States, and a Government of the United States. Each is distinct from the others, and has citizens of its own who owe it allegiance, and whose rights, within its jurisdiction, it must protect.” Notice that the court did not say, that the government should license or regulate a right, but that “it must protect”.

Cruikshank goes on “The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendments means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government.” And reiterates that “Sovereignty, for the protection of the rights of life and personal liberty within the respective States, rests alone with the States.”

It is our responsibility to hold each body of government to its duty to its citizens, and we do that in the lawful form of the Militia.

For several years now, I have been asking the various pro-Second organizations as to why they would not use the Militia, a lawful entity, as the proper argument to set before the court. The answers are inane, and lacking in any knowledge as to the actual law under which this nation operates.

So, my friends, I have composed this letter to be addressed to the various legislators and executives in my state, but make no mistake, the need to revitalize the Militia is ever pressing. While it would take an act of the legislator to revitalize the Militia, someone must start the ball rolling, and that someone is you and I.

For your reference my readers: (http://law.justia.com/codes/new-jersey/2009/title-38a/section-38a-1/)

Governor:

The Militia is the greater part of the rule of law, the People’s teeth in enforcing the law, an integral part of this Republic, and an absolute, irrefutable mandate to the states.

Militia is not a bad word. It does not represent racism, or radicalism. It does not represent a threat to the rule of law.

The Militia is mentioned no less than five times in the Constitution, and The Bill of Rights.

Article 1, 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 2, 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;”

Amendment 2

“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 Militia also appears as it should by law, and historical fact, in the New Jersey Constitution.

Article 1, Clause 5, Rights and Privileges

“No person shall be denied the enjoyment of any civil or military right, nor be discriminated against in the exercise of any civil or military right, nor be segregated in the militia or in the public schools, because of religious principles, race, color, ancestry or national origin.”

Article 1, Clause 8, Rights and Privileges

“No person shall be held to answer for a criminal offense, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases now prosecuted without indictment, or arising in the army or navy or in the militia, when in actual service in time of war or public danger.”

Article 1, Clause 13, Rights and Privileges

“No person shall be imprisoned for debt in any action, or on any judgment founded upon contract, unless in cases of fraud; nor shall any person be imprisoned for a militia fine in time of peace.”

Article 1, Section III, Clause 1

“Provision for organizing, inducting, training, arming, disciplining and regulating a militia shall be made by law, which shall conform to applicable standards established for the armed forces of the United States.”

Article 1, Section III, Clause 2

“The Governor shall nominate and appoint all general and flag officers of the militia, with the advice and consent of the Senate. All other commissioned officers of the militia shall be appointed and commissioned by the Governor according to law.”

Article 9, Section III

“Upon the taking effect of this Constitution all officers of the militia shall retain their commissions subject to the provisions of Article V, Section III.”

Both the US Constitution, and the New Jersey Constitution, Title 38A, make it clear that there is, and must be a Militia. The Second Amendment establishes that a “well regulated Militia”, is the primary tool for the “security of a free state”, and unalienable.

The state or any person wishing to diminish, or cripple the People’s ability to maintain the rule of law may do so by simply petitioning a legislature that benefits from having no superior authority with which to contend other than a court system that has conspired to reduce, license, or regulate away all rights.

The Militia has been demonized by hate groups such as the Southern Poverty Law Center, The Brady Campaign, and government agents who hate, HATE, with a passion the idea of liberty, and a free People’s right, and duty to “alter or abolish” *** “any form of government” when it “becomes destructive” of its mandate to protect the individuals rights.

Some would claim that the Second Amendment only applies to the Militia and that the Militia no longer exists and has been replaced by the National Guard. That is nonsense and contradicts the rule of law under Article 5, and also Article 1, Section 8 “reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.”

Others would have us believe that the government may, from time to time, infringe on the rights of the People for some pretend security, supposed benefit, or compelling interest. No such authority exists to alter the rights of the People.

By instituting the Second Amendment the Founders made the People’s ability to foil tyranny with certainly equal, or better force of arms an ineradicable, and indisputable function of liberty. To that end government may not disband the Militia because it is not only a duty, but also an unalienable right designed to keep this nation free from usurpers, and tyrants.

As an unalienable right “being necessary to the security of a free State” the People must preserve the Militia, and all able bodied men must do their duty in the service of the nation, and freedom.

Bearing in mind the historical record, the fact of law, and the obvious operations of those groups, and individuals intent on destroying the Constitution, and more recent evidence that in order to maintain a free state the whole of the People must be involved and active in the Militia, I make this application.

This application is made under Title 38A: 1-2 Composition of Militia; such other persons as may upon their own application be enlisted or commissioned therein in accordance with federal or State law and regulations.”

Please notify me within 10 days of receipt of this application where I may report for instruction, drill, assignment, duty, and rank that befits a veteran of the United States Armed Forces prescribing to the Rule of Law.

‘Nick’