Constitutional Militia
We Must Consider the Restoration of the Constitutional Militia in the State of Michigan
The U.S. Taxpayers Party of Michigan (USTPM) believes that the Founders and Framers wrote what they meant, and meant what they wrote. We believe in God-given, inalienable rights to Life, Liberty and the Pursuit of Happiness, as embodied in the ownership and holding of private Property. Our Creator gave us these rights and no man, or group of men, can alienate us from these rights without due process of law, consistent with the principles and requirements of the unanimous Declaration of Independence, the Constitution and Bill of Rights. If we have these rights, we have the right and obligation to protect these rights. This was affirmed in 1776 and finally ratified in 1791. With the Constitutional Convention of 1787 and Article 1 Section 8 of the United States Constitution, control of the army and the power to direct the militia of the states was concurrently delegated to the federal Congress. The Militia Clauses gave Congress authority for "organizing, arming, and disciplining" the militia, and "governing such Part of them as may be employed in the Service of the United States", with the States retaining authority to appoint officers and to impose the training specified by Congress.
The Second Amendment to the U.S. Constitution reads: "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."
What is the Militia and what are the reasons for its existence? Framer George Mason wrote "... the militia ...is the whole people except for a few public officials." Or according to Richard Henry Lee, signer of the unanimous Declaration of Independence, "Militias, when properly formed, are in fact the people themselves...and include all men capable of bearing arms."
The reasons for the Militia's existence are specific, e.g. "...to execute the Laws of the Union, suppress Insurrections and repel Invasions..." - U.S. Constitution, Art. I, Sec. 8, Cl. 16. Thus, the Militia is effectively a fourth branch of government, comprised of all able-bodied persons and organized for the enforcement of the laws of the land and defense of the "homeland", previously referred to as our beloved country. If we currently have no organized Militia, it is because we have failed in our vigilance and have allowed this condition to arise from the passage of the Dick Act of 1902 and the establishment of the National Guard. However, now we know better, and must move decisively and with our Creator-given authority, to restore the Organized Militia.
Also, contained within the current Constitution of the State of Michigan we read a clarification of these reasons, notably that Art. I, section 6 states that individuals (the Militia) have the right to bear arms for their own defense and the defense of the state. Article III, sections 1 through 4 sets up particular requirements for the organization of the constitutional militia and its relationships with the State.
According to a fairly balanced article found at http://www.answers.com/ to the query "Who is the Militia?", the American "militia was only to meet a threat, or prepare to meet a threat, for periods of time expected to be short. Militia persons were normally expected to provide their own weapons, equipment, or supplies, although they may later be compensated for losses or expenditures." Historically, even the obligation to sit on a jury was considered as related to a citizen's Militia duty "to execute the Laws of the Union". The jury can be regarded as a specialized form of militia convened to render a verdict in a court proceeding (known as a petit jury or trial jury) or to investigate a public matter and render a presentment or indictment (grand jury).
There is so much historical jurisprudence on the subject of militias and the definitions of what is intended to be appropriate types of weaponry a militia member can be expected to own and carry, or as the second amendment reads, "keep and bear." In the interest of brevity, I will defer that until a later installment.
The current work on the USTPM 2009 Platform proposes to reflect the following plank: "Do not encumber the right of individuals to keep and bear arms: restore the constitutional Militia." We are also considering a platform position requiring a state resolution to accept a monetary system based only on gold and silver, using N.H. HRC 6 as a template. Also see Michigan HJR-4.
Also, I will write of a suggested approach to a fusion of these concerns, as expounded in the work of Dr. Edwin Vieira of Harvard University.
Rick Butkowski is the 1st Vice Chairman of the USTPM, a Constitution Party Affiliate, and Chairman of the 2009 USTPM Platform Committee. Rick is a Viet Nam Era Veteran of the USAF, a graduate of Eastern Michigan University with a Bachelor of Business Administration degree, and a 32 year retiree of a large Auto company based in Dearborn, MI. He is married to his wife of 40 years, father to three children and four grandchildren. He can be contacted at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or via http://www.ustpm.org/contact.html.