Comments by "J Nagarya" (@jnagarya519) on "Adam Mockler"
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No law protects private/fake "militia"
This chronology illustrates both the evolution, elaboration, and increasing specificity of law, and its continued consistency over centuries:
____
Militia Act from October 1658 (rendered in contemporary spelling):
"Military, [S.] 11. . . . It is Further Ordered, that henceforth all warrants for impressing [e.g., DRAFTING] & raising of soldiers for any expedition, shall be directed to the Committee of militia of the several Towns who may execute the same by the Constable & the said Committee are hereby impowered & required to suppress all raising of soldiers, but such as shall be by the authority of this government."
For emphasis:
"the said Committee are hereby impowered & required to SUPPRESS all raising of soldiers, but such as shall be by the authority of this government."
The Colonial Laws of Massachusetts. Reprinted from the Edition of 1660, with the Supplements to 1672. Containing Also, the Body of Liberties of 1641. (Boston: Rockwell & Churchill, City Printers, Published by Order of the City Council of Boston, 1889), William H. Whitmore, Record Commissioner, at 179.
In the above, "Committee of Militia" is part of the town gov't. Above the town gov't and "Committee" was a military command structure, in law, which included, at the top, the governor as commander-in-chief of the Militia. The governor was not going to "take up arms" against the gov't/himself.
___
Rendered in contemporary spelling:
At a GENERAL COURT Held at Boston the 3d of May 1676.
This COURT taking into Consideration the great Disappointment the Country hath suffered by reason of non-appearance of Soldiers Impressed [DRAFTED] for several expeditions: Do judge meet that every person Impressed [DRAFTED] as a Soldier for the Service of the Country, and neglecting to make his appearance according to Order: every such Foot Soldier shall pay the sum of four Pounds, and every Trooper shall pay the sum of six Pounds: and if their neglects or refusal be accompanied with Refractoriness, Reflection or Contempt upon Authority, such person shall be punished with Death, or some other Grievous punishment.
And the Committee of Militia in the several Towns where the offence is committed are hereby impowered and required to call before them all such as shall be Delinquents as is above expressed, and on Conviction of their neglect to give Warrant to the Constable to levy the said fines, which said fines shall be improved to purchase Arms for the Towns use; Provided it shall be in the power of the Council upon Petition of any person aggrieved, and just reason alleged and proved to make abatement of the said fines as in their wisdom and discretion they shall judge meet. And it is hereby Ordered that the return of all neglects and defects in the cases aforesaid, be sent to the Committee of Militia in the several Towns, who are hereby required to take care for the strict Execution hereof.
By the COURT Edward Rawson Secr.
The Colonial Laws of Massachusetts. Reprinted from the Edition of 1672, With the Supplements Through 1686. (Boston, MA: Rockwell and Churchill, City Printers, 1890), Edited by William H. Whitmore, at 343.
Law REGULATES -- which includes imposition of PENALTIES.
___
The "Declaration of Independence," which applied exclusively to England, includes a list of grievances against King George III, these two of which are directly on point:
"He has kept among us, in Times of Peace, Standing Armies, without the consent of our Legislatures."
"Legislatures" MAKE LAW, which REGULATE.
"He has affected to render the Military independent of and superior to the Civil Power."
"Civil Power" is the gov't, which is by definition rule of law. As John Adams, who participated in writing the "Declaration," and authored the Massachusetts constitution, said: "A system of Laws, and not of men."
___
June 21, 1788: Ratification of the US Constitution completed:
"Art. I., S. 8., C. 15. The CONGRESS shall have Power To provide for calling forth the Militia to execute [ENFORCE] the Laws of the Union, SUPPRESS INSURRECTIONS, and repel Invasions."
"Art. I., S. 8., C. 16. The CONGRESS shall have Power To provide for organizing, ARMING, and disciplining, the Militia . . . reserving to the States [GOV'TS] respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed BY CONGRESS."
"Art. 4, S. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and . . . against domestic Violence."
"Amendment I. Congress shall make no law . . . abridging . . . the right of the people PEACEABLY to assemble."
"Amendment XIV., S. 3. No person . . . who, having previously taken an oath . . . to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof", shall be eligible for any US or state gov't office, civil or military.
___
The first Congress, both House and Senate, under the newly-ratified Constitution, debated and wrote the proposed Bill of Rights. The Debates of that which became the Second Amendment show its purpose was to establish a National Defense relying on the well-regulated Militia -- standing armies being feared.
September 28, 1789: Proposed Bill of Rights submitted to the states for consideration and ratification consisted of TWELVE proposed amendments; the first two were rejected, making the 3rd the 1st, and making the 4th the 2nd.
December 15, 1791: Ratification of remaining Ten Amendments completed.
___
Constitutional provisions are implemented by means of statutes:
May 2, 1792: "An Act to provide for calling forth the Militia to execute [ENFORCE] the laws of the Union, suppress insurrections and repel invasions."
May 8, 1792: "An Act more effectually to provide for the National Defense by establishing an Uniform Militia throughout the United States."
More than two years AFTER the Second Amendment was ratified, Congress enacted a Militia Act in response to the "Whiskey" insurrection:
November 29, 1794: "An Act to authorize the President to call out and station a corps of Militia, in the four western Counties of Pennsylvania, for a limited time."
And this is how, per Art. I., S. 8., C. 16, the Militia is ARMED:
July 6, 1798: "An Act providing Arms for the Militia throughout the United States.
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be provided, at the charge and expense of the government of the United States, thirty thousand stand of arms, which shall be deposited by order of the President of the United States, at suitable places, for the purpose of being sold to the governments of the respective States, or the militia thereof, under such regulations, and at such prices as the President of the United States shall prescribe. . . .
___
Source of all US statutes above: The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 2, 1845. Vol. I. (Boston: Charles C. Little and James Brown, 1845), By Authority of Congress, Edited by Richard Peters.
___
From Supreme Court decision _Presser v. Illinois_, 116 U.S. 252 (1886):
"(115) . . . . It cannot be successfully questioned that the state governments, unless restrained by their own constitutions . . . have . . . the power to control and regulate the organization, drilling, and parading of military bodies and associations . . . . (116) The exercise of this power by the states is necessary to the public peace, safety, and good order. To deny the power would be to deny the right of the state to disperse assemblages organized for sedition and treason, and the right to suppress armed mobs bent on riot and rapine."
___
From _District of Columbia v. Heller_, 554 U.S. 570, 621 (2008) citing _Presser_:
The Second Amendment "does not prevent the prohibition of private paramilitary organizations".
___
In fact, all 50 states classify such fake "militia" as "paramilitaries" and PROHIBIT them.
Pick your state:
https://www.law.georgetown.edu/icap/our-work/addressing-the-rise-of-unlawful-private-paramilitaries/state-fact-sheets/
___
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Trump supporters are told to ignore mainstream media for made-up reasons, so his supporters don't watch manistream media. So they miss the facts reported, and in that dumb vacuum they try to "figure things out" based on fact-free hogwash.
This reports that LOCAL LAW ENFORCEMNT told the Secret Service BEFORE the attempt that they didn't have the resources to cover all the buildings.
https://www.youtube.com/watch?v=s3RW-qRCE1Q
It was already reported that the Secret Service coordinates with local law enforcement. The Secret Service is specifically charged with protecting the protectee. Local law enforcement is responsible for securing the local area -- the perimeters around the Secret Service responsibility.
None of that is rocket science -- it stands to REASON: local law enforcement are the "experts" on the landscape that is their jurisdiction.
What broke down? These sorts of appearances typically take at least weeks to arrange to ensure maximum security. In this instance it was rushed by the Trump campaign, who were focused more on planning the convention -- there were more Secret Service in Milwaukee on that date than there were at the location in Pennsylvania.
No "staging," no conspiracy: Trump campaign rushed the appearance and arrangement, and local law enforcement lacked sufficient resources, of which they informed the Secret Service before the attack.
This is also reported in the mainstream -- competent -- media that Trump supporters and the far-Left ignore as they are told by other know-it-all assholes:
There was a Secret Service sniper team on the second floor -- below the roof level -- of an adjacent building. Was this because the Secret Service ASSUMED that the local police -- as was their responsibility -- had the building secured that was used by the gunman?
There is more detail in the MAINSTREAM media about how that communications worked when attendees told the local police, and the local police told the Secret Service, about the gunman on the roof. As the Feds -- Secret Service -- are at the top of that hierarchy, they make the command decisions -- central being protecting the protectee.
And none of that is on the head of the Secret Service in Washington: that person is not on the ground at whatever location in the US where a protectee is appearing. That responsibility is delegated and on the Secret Service team on the ground at the location.
No conspiracy -- just a slew of dunces who ignore legitimate reportage of facts because others tell them to, so they are left with nothing but to make up fact-free nonense.
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This is how systemic r*c*sm works --
____
Disgraceful Persecution of a Boy.
By Mark Twain.
In San Francisco, the other day, "a well-dressed boy, on his way to Sunday school, was arrested and thrown into the city prison for stoning Chinamen."
What a commentary is this upon human justice! What sad prominence it gives to our human disposition to tyrannize over the weak!
San Francisco has little right to take credit to herself for her treatment of this poor boy.
What had the child's education been?
How should he suppose it was wrong to stone a Chinaman?
Before we side against him, along with outraged San Francisco, let us give him a chance -- let us hear the testimony for the defence.
He was a "well-dressed" boy, and a Sunday-school scholar, and, therefore, the chances are that his parents were intelligent, well-to-do people, with just enough natural villainy in their compositions to make them yearn after the daily papers, and enjoy them; and so this boy had opportunities to learn all through the week how to do right, as well as on Sunday.
It was in this way that he found out that the great commonwealth of California imposes an unlawful mining tax upon John the foreigner, and allows Patrick the foreigner to dig gold for nothing --probably because the degraded Mongol is at no expense for whiskey, and the refined Celt cannot exist without it.
It was in this way that he found out that a respectable number of the tax-gatherers -- it would be unkind to say all of them -- collect the tax twice, instead of once; and that, inasmuch as they do it solely to discourage Chinese immigration into the mines, it is a thing that is much applauded, and likewise regarded as being singularly facetious.
It was in this way that he found out that when a white man robs a sluice-box (by the term white man is meant Spaniards, Mexicans, Portuguese, Irish, Hondurans, Peruvians, Chileans, etc., etc.), they make him leave the camp; and when a Chinaman does that thing, they hang him.
It was in this way that he found out that in many districts of the vast Pacific coast, so strong is the wild, free love of justice in the hearts of the people, that whenever any secret and mysterious crime is committed, they say, "Let justice be done, though the heavens fall," and go straightway and swing a Chinaman.
It was in this way that he found out that by studying one half of each day's "local items" it would appear that the police of San Francisco were either asleep or dead, and by studying the other half it would seem that the reporters were gone mad with admiration of the energy, the virtue, the high effectiveness, and the dare-devil intrepidity of that very police making exultant mention of how "the Argus-eyed officer So-and-so" captured a wretched knave of a Chinaman who was stealing chickens, and brought him gloriously to the city prison; and how "the gallant officer Such-and-such-a-one" quietly kept an eye on the movements of an "unsuspecting almond-eyed son of Confucius" (your reporter is nothing if not facetious), following him around with that far-off look of vacancy and unconsciousness always so finely affected by that inscrutable being, the forty-dollar policeman, during a waking interval, and captured him at last in the very act of placing his hands in a suspicious manner upon a paper of tacks left by the owner in an exposed situation; and how one officer performed this prodigious thing, and another officer that, and another the other -- and pretty much every one of these performances having for a dazzling central incident a Chinaman guilty of a shilling's worth of crime, an unfortunate whose misdemeanor must be hurrahed into something enormous in order to keep the public from noticing how many really important rascals went uncaptured in the mean time, and how overrated those glorified policemen actually are.
It was in this way that the boy found out that the Legislature, being aware that the Constitution has made America an asylum for the poor and the oppressed of all nations, and that therefore the poor and oppressed who fly to our shelter must not be charged a disabling admission fee, made a law that every Chinaman, upon landing, must be vaccinated upon the wharf, and pay to the State's appointed officer ten dollars for the service, when there are plenty of doctors in San Francisco who would be glad enough to do it for him for fifty cents.
It was in this way that the boy found out that a Chinaman had no rights that any man was bound to respect; that he had no sorrows that any man was bound to pity; that neither his life nor his liberty was worth the purchase of a penny when a white man needed a scapegoat; that nobody loved Chinamen, nobody befriended them, nobody spared them suffering when it was convenient to inflict it; everybody, individuals, communities, the majesty of the State itself, joined in hating, abusing, and persecuting these humble strangers. And, therefore, what could have been more natural than for this sunny-hearted boy, tripping along to Sunday school, with his mind teeming with freshly-learned incentives to high and virtuous action, to say to himself:
"Ah, there goes a Chinaman! God will not love me if I do not stone him."
And for this he was arrested and put in the city jail.
Everything conspired to teach him that it was a high and holy thing to stone a Chinaman, and yet he no sooner attempts to do his duty than he is punished for it -- he, poor chap, who has been aware all his life that one of the principal recreations of the police, out toward the Gold Refinery, was to look on with tranquil enjoyment while the butchers of Brannan street set their dogs on unoffending Chinamen, and make them flee for their lives.*
Keep in mind the tuition in the humanities which the entire "Pacific coast" gives its youth, there is a very sublimity of grotesqueness in the virtuous flourish with which the good city fathers of San Francisco proclaim (as they have lately done) that "The police are positively ordered to arrest all boys, of every description and wherever found, who engage in assaulting Chinamen."
Still, let us be truly glad they have made the order, notwithstanding its prominent inconsistency; and let us rest perfectly confident the police are glad, too. Because there is no personal peril in arresting boys, provided they be of the small kind, and the reporters will have to laud their performances just as loyally as ever, or go without items.
The new form for local items in San Francisco will now be: "The ever vigilant and efficient officer So-and-So succeeded, yesterday afternoon, in arresting Master Tommy Jones, after a determined resistance," etc., etc., followed by the customary statistics and final hurrah, with its unconscious sarcasm: "We are happy in being able to state that this is the forty-seventh boy arrested by this gallant officer since the new ordinance went into effect. The most extraordinary activity prevails in the police department. Nothing like it has been seen since we can remember."
___________________________________________________________________________
*I have many such memories in my mind, but am thinking just at present of one particular one, where the Brannan street butchers set their dogs on a Chinaman who was quietly passing with a basket of clothes on his head; and while the dogs mutilated his flesh, a butcher increased the hilarity of the occasion by knocking some of the Chinaman's teeth down his throat with half a brick. This incident sticks in my memory with a more malevolent tenacity, perhaps, on account of the fact that I was in the employ of a San Francisco journal at the time, and was not allowed to publish it because it might offend some of the peculiar element that subscribed for the paper.--Mark Twain.
____________
Footnotes
First published in "The Galaxy Magazine," May 1870. Proofed against reprint in "Mark Twain on the Damned Human Race," Edited by Janet Smith (full cite below), pp. 77-81.
The incident Twain refers to in the footnote occurred during the summer of 1864, when a reporter on the "San Francisco Call". From headnotes to the article in Janet Smith, p. 78:
Mark Twain's maiden effort for the Chinese died . . . in the composing room of the "Morning Call", for commercial reasons explained by his editor. . . . He was subsequently fired. Four years later, in New York, as humor editor of "The Galaxy", he wrote "Disgraceful Persecution of a Boy".
Twain discovered the story that made his fame, "The Celebrated Jumping Frog of Calaveras County," while hiding out from the consequences of reporting police corruption in San Francisco.
Recommended:
"Mark Twain On the Damned Human Race" (NY: Hill & Wang, Paperback, 1962; Hardcover, 1994), Ed. by Janet Smith, Foreword by Maxwell Geismar. In August-September of my seventeenth year, this volume crystalized my pacifism.
"Hal Holbrook Performs 'Mark Twain Tonight!'" (Sony BMG Music Entertainment, 2006). 2 CDs Box.
"The Best of Hal Holbrook in 'Mark Twain Tonight!'" (Columbia Broadway Masterworks, Columbia/ Legacy, 2002). CD.
"Hal Holbrook in the CBS Television Network Special 'Mark Twain Tonight!'" (West Long Branch, NJ: Kultur Video, 2005). DVD.
"Mark Twain: A Film Directed by Ken Burns" (PBS, 2005). 2 DVDs.
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No law protects private/fake "militia"
This chronology illustrates both the evolution, elaboration, and increasing specificity of law, and its continued consistency over centuries:
____
Militia Act from October 1658 (rendered in contemporary spelling):
"Military, [S.] 11. . . . It is Further Ordered, that henceforth all warrants for impressing [e.g., DRAFTING] & raising of soldiers for any expedition, shall be directed to the Committee of militia of the several Towns who may execute the same by the Constable & the said Committee are hereby impowered & required to suppress all raising of soldiers, but such as shall be by the authority of this government."
For emphasis:
"the said Committee are hereby impowered & required to SUPPRESS all raising of soldiers, but such as shall be by the authority of this government."
The Colonial Laws of Massachusetts. Reprinted from the Edition of 1660, with the Supplements to 1672. Containing Also, the Body of Liberties of 1641. (Boston: Rockwell & Churchill, City Printers, Published by Order of the City Council of Boston, 1889), William H. Whitmore, Record Commissioner, at 179.
In the above, "Committee of Militia" is part of the town gov't. Above the town gov't and "Committee" was a military command structure, in law, which included, at the top, the governor as commander-in-chief of the Militia. The governor was not going to "take up arms" against the gov't/himself.
___
Rendered in contemporary spelling:
At a GENERAL COURT Held at Boston the 3d of May 1676.
This COURT taking into Consideration the great Disappointment the Country hath suffered by reason of non-appearance of Soldiers Impressed [DRAFTED] for several expeditions: Do judge meet that every person Impressed [DRAFTED] as a Soldier for the Service of the Country, and neglecting to make his appearance according to Order: every such Foot Soldier shall pay the sum of four Pounds, and every Trooper shall pay the sum of six Pounds: and if their neglects or refusal be accompanied with Refractoriness, Reflection or Contempt upon Authority, such person shall be punished with Death, or some other Grievous punishment.
And the Committee of Militia in the several Towns where the offence is committed are hereby impowered and required to call before them all such as shall be Delinquents as is above expressed, and on Conviction of their neglect to give Warrant to the Constable to levy the said fines, which said fines shall be improved to purchase Arms for the Towns use; Provided it shall be in the power of the Council upon Petition of any person aggrieved, and just reason alleged and proved to make abatement of the said fines as in their wisdom and discretion they shall judge meet. And it is hereby Ordered that the return of all neglects and defects in the cases aforesaid, be sent to the Committee of Militia in the several Towns, who are hereby required to take care for the strict Execution hereof.
By the COURT Edward Rawson Secr.
The Colonial Laws of Massachusetts. Reprinted from the Edition of 1672, With the Supplements Through 1686. (Boston, MA: Rockwell and Churchill, City Printers, 1890), Edited by William H. Whitmore, at 343.
Law REGULATES -- which includes imposition of PENALTIES.
___
The "Declaration of Independence," which applied exclusively to England, includes a list of grievances against King George III, these two of which are directly on point:
"He has kept among us, in Times of Peace, Standing Armies, without the consent of our Legislatures."
"Legislatures" MAKE LAW, which REGULATE.
"He has affected to render the Military independent of and superior to the Civil Power."
"Civil Power" is the gov't, which is by definition rule of law. As John Adams, who participated in writing the "Declaration," and authored the Massachusetts constitution, said: "A system of Laws, and not of men."
___
June 21, 1788: Ratification of the US Constitution completed:
"Art. I., S. 8., C. 15. The CONGRESS shall have Power To provide for calling forth the Militia to execute [ENFORCE] the Laws of the Union, SUPPRESS INSURRECTIONS, and repel Invasions."
"Art. I., S. 8., C. 16. The CONGRESS shall have Power To provide for organizing, ARMING, and disciplining, the Militia . . . reserving to the States [GOV'TS] respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed BY CONGRESS."
"Art. 4, S. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and . . . against domestic Violence."
"Amendment I. Congress shall make no law . . . abridging . . . the right of the people PEACEABLY to assemble."
"Amendment XIV., S. 3. No person . . . who, having previously taken an oath . . . to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof", shall be eligible for any US or state gov't office, civil or military.
___
The first Congress, both House and Senate, under the newly-ratified Constitution, debated and wrote the proposed Bill of Rights. The Debates of that which became the Second Amendment show its purpose was to establish a National Defense relying on the well-regulated Militia -- standing armies being feared.
September 28, 1789: Proposed Bill of Rights submitted to the states for consideration and ratification consisted of TWELVE proposed amendments; the first two were rejected, making the 3rd the 1st, and making the 4th the 2nd.
December 15, 1791: Ratification of remaining Ten Amendments completed.
___
Constitutional provisions are implemented by means of statutes:
May 2, 1792: "An Act to provide for calling forth the Militia to execute [ENFORCE] the laws of the Union, suppress insurrections and repel invasions."
May 8, 1792: "An Act more effectually to provide for the National Defense by establishing an Uniform Militia throughout the United States."
More than two years AFTER the Second Amendment was ratified, Congress enacted a Militia Act in response to the "Whiskey" insurrection:
November 29, 1794: "An Act to authorize the President to call out and station a corps of Militia, in the four western Counties of Pennsylvania, for a limited time."
And this is how, per Art. I., S. 8., C. 16, the Militia is ARMED:
July 6, 1798: "An Act providing Arms for the Militia throughout the United States.
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be provided, at the charge and expense of the government of the United States, thirty thousand stand of arms, which shall be deposited by order of the President of the United States, at suitable places, for the purpose of being sold to the governments of the respective States, or the militia thereof, under such regulations, and at such prices as the President of the United States shall prescribe. . . .
___
Source of all US statutes above: The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 2, 1845. Vol. I. (Boston: Charles C. Little and James Brown, 1845), By Authority of Congress, Edited by Richard Peters.
___
From Supreme Court decision _Presser v. Illinois_, 116 U.S. 252 (1886):
"(115) . . . . It cannot be successfully questioned that the state governments, unless restrained by their own constitutions . . . have . . . the power to control and regulate the organization, drilling, and parading of military bodies and associations . . . . (116) The exercise of this power by the states is necessary to the public peace, safety, and good order. To deny the power would be to deny the right of the state to disperse assemblages organized for sedition and treason, and the right to suppress armed mobs bent on riot and rapine."
___
From _District of Columbia v. Heller_, 554 U.S. 570, 621 (2008) citing _Presser_:
The Second Amendment "does not prevent the prohibition of private paramilitary organizations".
___
In fact, all 50 states classify such fake "militia" as "paramilitaries" and PROHIBIT them.
Pick your state:
https://www.law.georgetown.edu/icap/our-work/addressing-the-rise-of-unlawful-private-paramilitaries/state-fact-sheets/
___
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No law protects private/fake "militia"
This chronology illustrates both the evolution, elaboration, and increasing specificity of law, and its continued consistency over centuries:
____
Militia Act from October 1658 (rendered in contemporary spelling):
"Military, [S.] 11. . . . It is Further Ordered, that henceforth all warrants for impressing [e.g., DRAFTING] & raising of soldiers for any expedition, shall be directed to the Committee of militia of the several Towns who may execute the same by the Constable & the said Committee are hereby impowered & required to suppress all raising of soldiers, but such as shall be by the authority of this government."
For emphasis:
"the said Committee are hereby impowered & required to SUPPRESS all raising of soldiers, but such as shall be by the authority of this government."
The Colonial Laws of Massachusetts. Reprinted from the Edition of 1660, with the Supplements to 1672. Containing Also, the Body of Liberties of 1641. (Boston: Rockwell & Churchill, City Printers, Published by Order of the City Council of Boston, 1889), William H. Whitmore, Record Commissioner, at 179.
In the above, "Committee of Militia" is part of the town gov't. Above the town gov't and "Committee" was a military command structure, in law, which included, at the top, the governor as commander-in-chief of the Militia. The governor was not going to "take up arms" against the gov't/himself.
___
Rendered in contemporary spelling:
At a GENERAL COURT Held at Boston the 3d of May 1676.
This COURT taking into Consideration the great Disappointment the Country hath suffered by reason of non-appearance of Soldiers Impressed [DRAFTED] for several expeditions: Do judge meet that every person Impressed [DRAFTED] as a Soldier for the Service of the Country, and neglecting to make his appearance according to Order: every such Foot Soldier shall pay the sum of four Pounds, and every Trooper shall pay the sum of six Pounds: and if their neglects or refusal be accompanied with Refractoriness, Reflection or Contempt upon Authority, such person shall be punished with Death, or some other Grievous punishment.
And the Committee of Militia in the several Towns where the offence is committed are hereby impowered and required to call before them all such as shall be Delinquents as is above expressed, and on Conviction of their neglect to give Warrant to the Constable to levy the said fines, which said fines shall be improved to purchase Arms for the Towns use; Provided it shall be in the power of the Council upon Petition of any person aggrieved, and just reason alleged and proved to make abatement of the said fines as in their wisdom and discretion they shall judge meet. And it is hereby Ordered that the return of all neglects and defects in the cases aforesaid, be sent to the Committee of Militia in the several Towns, who are hereby required to take care for the strict Execution hereof.
By the COURT Edward Rawson Secr.
The Colonial Laws of Massachusetts. Reprinted from the Edition of 1672, With the Supplements Through 1686. (Boston, MA: Rockwell and Churchill, City Printers, 1890), Edited by William H. Whitmore, at 343.
Law REGULATES -- which includes imposition of PENALTIES.
___
The "Declaration of Independence," which applied exclusively to England, includes a list of grievances against King George III, these two of which are directly on point:
"He has kept among us, in Times of Peace, Standing Armies, without the consent of our Legislatures."
"Legislatures" MAKE LAW, which REGULATE.
"He has affected to render the Military independent of and superior to the Civil Power."
"Civil Power" is the gov't, which is by definition rule of law. As John Adams, who participated in writing the "Declaration," and authored the Massachusetts constitution, said: "A system of Laws, and not of men."
___
June 21, 1788: Ratification of the US Constitution completed:
"Art. I., S. 8., C. 15. The CONGRESS shall have Power To provide for calling forth the Militia to execute [ENFORCE] the Laws of the Union, SUPPRESS INSURRECTIONS, and repel Invasions."
"Art. I., S. 8., C. 16. The CONGRESS shall have Power To provide for organizing, ARMING, and disciplining, the Militia . . . reserving to the States [GOV'TS] respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed BY CONGRESS."
"Art. 4, S. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and . . . against domestic Violence."
"Amendment I. Congress shall make no law . . . abridging . . . the right of the people PEACEABLY to assemble."
"Amendment XIV., S. 3. No person . . . who, having previously taken an oath . . . to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof", shall be eligible for any US or state gov't office, civil or military.
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The first Congress, both House and Senate, under the newly-ratified Constitution, debated and wrote the proposed Bill of Rights. The Debates of that which became the Second Amendment show its purpose was to establish a National Defense relying on the well-regulated Militia -- standing armies being feared.
September 28, 1789: Proposed Bill of Rights submitted to the states for consideration and ratification consisted of TWELVE proposed amendments; the first two were rejected, making the 3rd the 1st, and making the 4th the 2nd.
December 15, 1791: Ratification of remaining Ten Amendments completed.
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Constitutional provisions are implemented by means of statutes:
May 2, 1792: "An Act to provide for calling forth the Militia to execute [ENFORCE] the laws of the Union, suppress insurrections and repel invasions."
May 8, 1792: "An Act more effectually to provide for the National Defense by establishing an Uniform Militia throughout the United States."
More than two years AFTER the Second Amendment was ratified, Congress enacted a Militia Act in response to the "Whiskey" insurrection:
November 29, 1794: "An Act to authorize the President to call out and station a corps of Militia, in the four western Counties of Pennsylvania, for a limited time."
And this is how, per Art. I., S. 8., C. 16, the Militia is ARMED:
July 6, 1798: "An Act providing Arms for the Militia throughout the United States.
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be provided, at the charge and expense of the government of the United States, thirty thousand stand of arms, which shall be deposited by order of the President of the United States, at suitable places, for the purpose of being sold to the governments of the respective States, or the militia thereof, under such regulations, and at such prices as the President of the United States shall prescribe. . . .
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Source of all US statutes above: The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 2, 1845. Vol. I. (Boston: Charles C. Little and James Brown, 1845), By Authority of Congress, Edited by Richard Peters.
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From Supreme Court decision _Presser v. Illinois_, 116 U.S. 252 (1886):
"(115) . . . . It cannot be successfully questioned that the state governments, unless restrained by their own constitutions . . . have . . . the power to control and regulate the organization, drilling, and parading of military bodies and associations . . . . (116) The exercise of this power by the states is necessary to the public peace, safety, and good order. To deny the power would be to deny the right of the state to disperse assemblages organized for sedition and treason, and the right to suppress armed mobs bent on riot and rapine."
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From _District of Columbia v. Heller_, 554 U.S. 570, 621 (2008) citing _Presser_:
The Second Amendment "does not prevent the prohibition of private paramilitary organizations".
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In fact, all 50 states classify such fake "militia" as "paramilitaries" and PROHIBIT them.
Pick your state:
https://www.law.georgetown.edu/icap/our-work/addressing-the-rise-of-unlawful-private-paramilitaries/state-fact-sheets/
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