[quote]DrSkeptix wrote:
[quote]JayPierce wrote:
[quote]DrSkeptix wrote:
Well, that particular subsection is a definition. What I am asking for is the law by which I must behave. Where do I report? When? How often? What is the command structure? If none exists, to whom was authority delegated? [/quote]
Herein lies the biggest problem with the modern American idea of what the militia is; our media and our government has turned the term ‘militia’ into a synonym for ‘wannabe military nutbag’. Nothing could be farther from the truth.
If your neighbor’s door gets kicked in by some criminal in the middle of the night, and you take up arms to defend them, you are performing your civic militia duty.
If your community is under attack by gang thugs, and you band together to drive them out, you are performing your civic militia duty.
You don’t need a chain of command, and the authority is in the hands of the people.
This duty does not exempt you from law while performing it! Just like the police or the sheriff, you are expected to obey the law while you uphold the law. You are to honor and defend the Constitution at all times, just as any member of the military would and should.
No, of course not.
No, sir. The militia is quite literally “We the People” at its absolute finest.
http://constitution.org/col/5508_col.htm[/quote]
Okay. I understand you now.
The reference you provide is tautologic. But here is one you might like:
http://www.lawandliberty.org/what_mil.htm
I particularly like the etiolated definitions borrowed from George Mason.
So we citizens should have been perpetually organized into squads of 50 to 200 local citizens. I have not seen this happen. (I can only Imagine what the Beverly Hills-West Hollywood Ready Militia might look like.) Note, too, that The Militia should not be–horrors–a Select Militia. And all, save the State Defense Militias (of which there are only 23), must be subject to Federal authority in times of emergency.
Federal authority? (Yes, because the defining clause is in the US Code, and without delegation to State law.) Hmmm.
This has become so complicated, JP. [/quote]
Oh and I left this part out:
“Choice of words can be indicative. 10 USC 311 lumps the ready and reserve militias into what it calls the “unorganized” militia, with the implication that it is to remain unorganized, since no provisions for organizing and training the ready militia are given, contrary to the intent of the Framers.”
(But is the lack of provision truly contrary to the intent of the Framers? Whereupon the author tries to provide a solution to this “problem” by offering a plan to organize the “unorganized” militia. But is the lack of provision tuly contrary to the intent of the Framers? I don’t see how that comports with a federal law which only names, but does not define or delegate authority, of the entity.)