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                         PROCLAMATION





To all citizens of the United States and its Territories:



     April 19 of this and each year hereafter is declared to be

Militia Day. All able-bodied citizens are to assemble with their

arms to celebrate their right to keep and bear arms and to assemble

as militias in defense of the Republic, as recognized in the Second

Amendment to the Constitution of the United States.

     Leaders designated in each county or municipality are to

announce a place for members of the militia to form, beginning at

6:00 AM of April 19. It is suggested that this place be a large field

on the outskirts of every major city, and especially those cities

having federal courts and offices. 

     The order of the day shall be to sign up the members, organize

them into squads of approximately 20 persons each, and spend the

morning in training in the military arts and the safe and effective

handling of arms, and instruction in their rights and duties under

the U.S. and state Constitutions. This should include learning to

recite at least the First, Second, Fourth, Fifth, and Tenth

Amendments of the U.S. Constitution from memory.

     Each such squad shall elect a Sergeant-At-Arms who shall

conduct the training and report to Militia commanders. He should

be a person of good character who has the skills to lead in military

march and drill.

     Throughout the day, all weapons are to be kept unloaded,

and the Sergeant At-Arms shall make it his or her duty to inspect

all weapons for compliance. Ammunition may accompany the formation,

to be carried by someone designated for that duty, but ammunition

is not to be issued to militia members unless or until it is needed

to defend against a threat to their lives or those of other militia

members or innocent persons.

     The order of march shall be to begin after lunch to march

two abreast across the city to a site on the opposite side, where

speeches shall be given and the militia dismissed. The path of

march shall be along sidewalks, respecting private property, traffic

signals and other rules of pedestrian movement. In no case shall

the march be conducted in a way that would require a parade permit,

nor shall such permit be sought or accepted.

     The path of march should be past any federal courthouse or

offices, and past local government offices, homes of elected

officials, and through any neighborhoods which have been subjected

to high rates of crime and violence. Each squad shall carry the

flags of the United States and of the State.

     When opposite government buildings, each squad shall be

ordered to halt, face the building, present arms, and recite the

First, Second, and Tenth Amendments to the Constitution of the

United States, followed by the oath: "I swear/affirm that I will

preserve, protect, and defend the Constitution of the United States

against all enemies, foreign or domestic".

     If the government whose buildings they face is deemed to

have violated the Constitution of the United States, then,

depending on whether it is a federal or a state building, the U.S.

or state flag shall be inverted as a protest, and not inverted back

to its proper attitude until the squad shall have resumed the march.

     During the march, martial music may be played, but it is

suggested that, in honor of the militiamen at the Battle of

Lexington and Concord, the instruments be drums and fifes, or

something similar.

     Each squad should be equipped with one video camera, to

record the events and any resistance to them which may be

encountered. Each squad should have a plan to secure the video

tapes and have copies of them made and distributed before they

can be seized by any hostile parties. The press should be kept

informed and encouraged to provide coverage of the event prior

and during its occurrence.

     Militiamen shall be permitted to carry protest signs, but

shall be asked not to carry any which are not relevant to the

occasion or which are too inflammatory. It is suggested that they

include the following:

     (1) Exhortations to remember events: "Remember Lexington

and Concord", "Remember the Warsaw Ghetto", "Remember the Alamo",

"Remember Ruby Ridge", "Remember Mount Carmel", and others such.

     (2) Declarations of constitutional violations: "Title 26 USC

Sec. 5861 is a violation of the Tenth Amendment", "Title 18 USC

Sec. 922 is a violation of the Second and Tenth Amendments",

"Title 18 USC has jurisdiction only in federal territories or the

high seas", "The Firearms Acts of 1934,1968, 1986 are

unconstitutional", or others such.

     (3) The oath: "I swear/affirm that I will preserve, protect,

and defend the Constitution of the United States against all

enemies, foreign or domestic".

     (4) Militia identification: "Militia of the County/City of ..."



     Women and children are urged to participate, as are citizens

of all races, creeds, and religions. It is suggested that children

hold the protest signs.

     If arrested by law enforcement agents, militia members are

not to resist, but when questioned, are to give only their name,

county or town, their militia rank (private by default), and to recite

the First, Second, and Tenth Amendments of the U.S. Constitution.

At this stage in the Militia Movement, it is best not to be seen

as provoking violence, and martyrs will serve the Movement better

than victors.

     Persons not having or wishing to carry actual firearms are

encouraged to carry other kinds of arms, such as swords, bows,

knives, or, if nothing else, a wooden or plastic facsimile of a

weapon. It should be remembered that "arms" are not just firearms.

     Members of youth "gangs" shall not be excluded if they agree

to participate under militia discipline, in mixed units, and swear

to uphold constitutional laws and the Constitution. They should be

encouraged to renounce their allegiance to gang leaders and affirm

their allegiance to the community as a whole.

     Committees of Correspondence are to be established by state,

county, and congressional district. Secure means of communication

shall be established to call out the militia on short notice to

deal with any emergency. In no case are such Committees of

Correspondence or any militia to receive tax funds or to be subject

to govermental authority at any level. They shall be private,

voluntary associations that fund themselves and make their own

rules. These may unite under a National Militia Association,

National Militia Coordinating Committee, or some such.

     Militias must avoid allowing any persons to become

indispensible leaders, so that the Militia Movement could be

suppressed by attacking its leaders. The Militia must be, to the

extent possible, "leaderless" and spontaneous.

     Local militias are to conduct regular meetings for training

and discussion on at least a monthly basis, and to plan events for

future Militia Day celebrations.

     We must also work together to get April 19 declared a national

holiday, Militia Day. Not a "right to keep and bear arms" day,

because every day is a right to keep and bear arms day.  Militia

Day shall be a day on which all able-bodied citizens will be called

up for formations of their local militias, for training and

discussion.

     Copies of this proclamation are to be made and distributed

everywhere, together with the name and phone number of a local

coordinator, and a map of the formation sites and the routes of

march.





For information contact: Texas Militia Correspondence Committee,

6900 San Pedro #147-230, San Antonio, TX 78216, 210/224-2868



----------------------------------------------------------------------



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From: jdr@earth (Jon Roland)

Newsgroups: talk.politics.guns,alt.politics.libertarian,alt.politics.usa.constitution,alt.politics.reform

Subject: Legal Theory of the Right to Keep and Bear Arms (TMP02)

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LEGAL THEORY OF THE RIGHT TO KEEP AND BEAR ARMS



Copyright (C) 1994 Constitution Society

Permission is hereby granted to copy

with attribution for noncommercial purposes



There is considerable confusion about the legal theory underlying

the "right to keep and bear arms". This is a brief outline for a

clarification of the discussion of this issue.



(1) The Second Amendment to the U.S. Constitution does not

establish the right to keep and bear arms. None of the provisions

of the Constitution establish any "natural" rights. They recognize

such rights, but the repeal of such provisions would not end such

rights. Such rights were considered by many of the Framers as

obvious or "self-evident", but they were immersed in the prevailing

republican thought of the day, as expressed in the writings of

Locke, Montesquieu, Rousseau, Madison, Hamilton, and others, which

discussed "natural rights" in some detail. Others argued that at

least some of the rights needed to be made explicit in the Bill of

Rights to avoid having future generations with less understanding

of republican theory weaken in their defense of those rights. That

has turned out to have been a good idea.



(2) The right to keep and bear arms is a natural right of

individuals under the theory of democratic government. This was

clearly the understanding and intent of the Framers of the U.S.

Constitution and was a long-established principle of English

common law at the time the Constitution was adopted, which is

considered to be a part of constitutional law for purposes of

interpreting the written Constitution.



(3) What the Second Amendment also does is recognize the right,

power, and duty of able-bodied persons (originally males, but now

females also) to organize into militias and defend the state. It

effectively recognizes that all citizens have military and police

powers, and the "able-bodied" ones -- the militia -- also have

military and police duties, whether exercised in an organized

manner or individually in a crisis. "Able-bodied" is a term of art

established by English common law at the time the Constitution

was adopted, and is the only qualification besides citizenship on

what constitutes the "militia". While not well defined in modern

terms, it is somewhat broader than just able-"bodied": implicit is

also "able-minded" and "virtuous". In other words, persons might

be excluded who were physically able to bear arms but who were

mentally or morally defective. Defense of the "state" includes self-

defense and defense of one's family and friends who are, after all,

part of the state, but by establishing the defense of the state as

primary a basis is laid for requiring a citizen to risk or sacrifice

his life in defense of the state and is thus a qualification on the

implicit right of self-defense, which is considered to prevail in

situations in which self-sacrifice is not called for.



(4) The U.S. Constitution does not adequately define "arms".

When it was adopted, "arms" included muzzle-loaded muskets and

pistols, swords, knives, bows with arrows, and spears. However,

a common-law definition would be "light infantry weapons which

can be carried and used, together with ammunition, by a single

militiaman, functionally equivalent to those commonly used by

infantrymen in land warfare." That certainly includes modern

rifles and handguns, full-auto machine guns and shotguns, grenade

and grenade launchers, flares, smoke, tear gas, incendiary rounds,

and anti-tank weapons, but not heavy artillery, rockets, or bombs,

or lethal chemical, biological or nuclear weapons. Somewhere in

between we need to draw the line.  The standard has to be that

"arms" includes weapons which would enable citizens to effectively

resist government tyranny, but the precise line will be drawn

politically rather than constitutionally. The rule should be that

"arms" includes all light infantry weapons that do not cause mass

destruction. If we follow the rule that personal rights should

be interpreted broadly and governmental powers narrowly, which

was the intention of the Framers, instead of the reverse, then

"arms" must be interpreted broadly.



(5) The right to keep and bear arms does indeed extend to the

states. As do the other rights recognized by other Amendments,

and as reinforced by the Fourteenth Amendment.  It is not just a

restriction on the powers of the central government. On the other

hand, the citizens of a state can adopt a constitution that might

restrict the exercise of such rights by delegating the power to do

so to the state government. However, if the restriction of natural

rights is unduly burdensome on those rights, then such a provision

would be incompatible with the U.S. Constitution, its guarantee of

the rights, and its guarantee that all states have a "republican"

form of government - which such restrictions would compromise.



(6) The legal basis for a government not infringing on the right to

keep and bear arms is not constitutional provisions like the Second

Amendment, but that the power to do so is not one of the enumerated

powers delegated to the government, whether Union or State. That

delegation must be explicit as pertains to arms.  They can't be

regulated on the basis of general powers to tax or to regulate

commerce. Arms have a special status under constitutional law. Some

State constitutions may delegate such powers to the State government.

The U.S. Constitution does not delegate such powers to the Union

government. No powers are delegated to government by the preamble

to a constitution, which is only a statement of purpose, only by

provisions in the body of the document and its amendments.



(7) The legal basis on which the states can regulate arms is in

those situations in which they conflict with property rights. It is

a fundamental principal in law that the owners or managers of real

property have the power to regulate who may enter their premises,

and to set conditions upon their entry. That includes public

property. Citizens have a right to keep and bear arms -- on their

own property or property they control -- but not on someone else's

property without his permission.



(8) In other words, citizens have a right to keep and bear arms in

those places and situations where they have a right to be, unless

such rights are disabled by due process of law. Fundamental natural

rights can never be lost, as contractual rights can be, only the

exercise of those rights restricted or "disabled", to use the legal

term. The distinction is very important. Natural rights are those

which the individual brings with him when he enters into the social

contract, and reclaims if the social contract is broken. The right

to keep and bear arms is such a natural right, as is the right

of free speech, religious belief, and privacy. The alternative is a

contractual right created by a contract, such as the social contract.

The right to vote or to be judged by a jury of one's peers are

examples of rights created by the social contract, albeit important

ones that are also constitutionally protected. Because they are

constitutionally protected, it is only proper to speak of them as

disabled, rather than lost, so long as the subject remains a citizen

or natural person, depending on whether it is a right of citizenship

or personhood.



(9) It is unconstitutional to "disable" any rights by statute except

one set: the rights of majority. The disabilities of minority do not

need to be established by a court trial or hearing. However, they

can be removed sooner than they would be removed by constitution or

statute, by reaching a certain age. This means it is unconstitutional

to disable the right to keep and bear arms to a class of persons by

statute, including those, such as felons, who have been the subject

of due process on another issue, except through a proceeding in which

the court is explicitly petitioned to disable them, the subject has

an opportunity to argue to the contrary, the petitioner has the

burden of proof that the subject if armed would be a threat to himself

or others, and the court grants that petition. Merely being convicted

of a crime, or declared mentally incompetent, is not sufficient if the

language of the judgement does not also explicitly disable the right

to keep and bear arms, or set restrictions on such right.



(10) "General police powers" is not a constitutional basis for states

or localities to regulate arms. "General police powers" are the powers

to use the means necessary and sufficient to stop someone who threatens

to commit a major crime, or to arrest someone who has done so. All

citizens have such power. They differ from regular, professional police

only in that the regular police also have "special police powers" in

matters such as minor offenses, and in that they outrank civilians.

Since citizens have general police powers, they also have the right to

such means as they require to exercise such powers in situations in

which they may be called upon to do so. That includes arms.



(11) To be constitutional, state laws restricting the bearing of arms

must distinguish between public property, private commercial property

which serves the public and which therefore confers certain rights to

the public, and other private property with no public access rights.

It is reasonable and constitutional to prohibit persons from bearing

arms onto purely private property without notifying the owner or

manager and obtaining his or her permission, except over public

easements, such as sidewalks or the walkway from the street to the

front door. On the other hand, it would be an undue burden on the

right to bear arms to forbid persons from traveling between places

where they have a right to be, and to bear arms while they do so,

along public pathways or private easements, and using their own or a

public means of transportation. It may not, however, be an undue

burden to prohibit the bearing of arms onto certain public property

where persons do not have unrestricted access, such as office buildings

and sports fields, provided that authorities guarantee the safety of

persons who enter unarmed. Owners of commercial property serving the

public which confers some rights of access to the public may prohibit

the bearing of arms by posting or giving a notice to that effect, but

lacking such notice, bearing arms onto the premises would be permitted.

The rule must be that laws must not burden the right to bear arms

except to the extent that they would impose a greater burden on the

right of property owners to exclude persons bearing arms.



(12) The law must presume that places of business that cater to arms,

such as gun shops and shooting ranges, and events such as gun shows,

offer presumptive permission to bear arms and that therefore it is not

illegal to bear them there or to travel to and from them.



(13) A carry permit system essentially is a removal of restrictions

against bearing arms on public and private property unless there is

an express prohibition against doing so, either in the form of a

posted sign or a directive from the owner or his agent. The rationale

for issuing such permits is to equip persons of good character to more

effectively function as militiamen or police in situations in which

regular police are not available or insufficient.  That also includes

self-protection, but the key factor is the duty to perform police

duties as necessary. There also needs to be explicit statutory

protection of the state or other permit issuing authority against

criminal or civil liability for any acts done by the permit holder.

One kind of carry permit is that which is one of the "special police

powers" of regular law-enforcement officers, which allows them to

carry anywhere, even against the express wishes of a property owner.



(14) With the high levels of crime we now endure, the only effective

way to extend police protection to a level that might deter crime is

to recruit a substantial proportion of the public to go armed, by

issuing them carry permits, offering them police training, and

organizing them into a network of militia units closely coordinated

with regular law enforcement agencies. It is likely that as many as

25% of the adult public could serve in this way on a regular basis,

and another 25% on an occasional basis, and that if they did, we

might expect it to have a significant positive impact on crime. Some

such citizens might even be granted higher police rank, and perform

regular police duties on a part-time basis. Such involvement of the

public in law enforcement would also have other benefits: breaking

down the social and psychological barriers that now separate the

regular police from civilians, and deterring some of the abuses of

authority that police have sometimes fallen into.



(15) That the militia should be "well-regulated" is not a basis for

restricting the keeping or bearing of arms. The term originally

meant "self-regulated" and militias could be independent of state

or national authority if not called up by such authority. Militia

members may be required to carry certain standard arms during

formations, but they cannot be forbidden from carrying additional

arms of their own unless doing so would impair normal militia

operations. State-appointed officers may direct when, where and in

what manner members of the militia are to train and perform their

duties, but may not forbid them to meet on their own.



(16) The Union government has the power, under the U.S. Constitution,

to regulate imports and interstate commerce in arms, but the Framers

would not agree with how the "interstate commerce" clause (Art. 1,

Sec. 8) of the Constitution has been broadly interpreted to include

regulation of manufacture, possession, and local sales and use of

items. A strict constitutional interpretation requires that the

Union government has authority only over transactions that cross

state lines, and not over actions or transactions that occur within

state borders, even if they involve items that may someday cross

state borders or may have once done so. If we want the Union

government to have such authority, and a good case can be made for

that, then the U.S. Constitution needs to be amended to delegate

that authority to it.



(17) The Union government also has excise taxing power, but since

arms have special status under the Constitution, no tax may be

levied that imposes an undue burden on the right to keep and bear

arms. Rights are more fundamental than taxing powers, particularly

since the right to keep and bear arms is recognized in an amendment

which supersedes any prior provisions that conflict with it, which

includes all taxing powers except the income tax (which does not

provide a basis for taxing arms). Arms may be taxed as general

merchandise is, such as with a sales tax, but any tax law which

specifies arms for special taxes, other than reasonable use fees

for public services related to them, must be considered unconstitu-

tional. That would include taxes on ammunition and the ingredients

to make it. The analogy is to taxes on newsprint, which may be taxed

like other merchandise, but not in a way that would impose an undue

burden on the right of a free press.



(18) This means that no government has the power, unless that power

is specifically granted to it under its constitution, to prohibit

any person from manufacturing or possessing any gun or ammunition

for it on his own premises or where he has a right to be, or against

using it in a safe and responsible manner, or against selling or

giving it to another person within the borders of a state.



(19) Since the common law prevailing at the time the Constitution

was adopted defined "militia" to consist of "able-bodied" citizens,

including persons younger than the usual age of majority, any law

restricting the possession, sale or gift of guns or ammunition to

persons under the age of majority or any other particular age, or

to minors (since persons under the age of majority may have their

disabilities of minority removed by a court), is also

unconstitutional, unless the constitution explicitly includes a

disability of the right to keep and bear arms among the disabilities

of minority. The proper test for being "able-bodied" must involve

meeting certain standards that are independent of age, such as

skill, judgement, and level of maturity. It is possible for persons

to be "able-bodied" at quite a young age, and the law must recognize

that competence where it exists. All citizens above the age of

majority would have to be presumed able-bodied unless they or the

state petitioned a court to rule otherwise and it granted the

petition. However, it would be constitutional to require a

reasonable test of competence to citizens below the age of majority,

and to issue credentials to those qualifying which they would be

required to show when answering calls of the militia or, if the

right to keep and bear arms were included among the rights disabled

by minority, when bearing arms. Early removal of the disabilities

of minority would then also remove the disabilities of the right to

keep and bear arms.



(20) The "full faith and credit" clause of the U.S. Constitution

requires that persons issued a carry permit by one state must have

that permit recognized in other states. This suggests a uniform

standard for qualifying persons for issuance.



REFERENCE: Stephen P. Halbrook, That Every Man be Armed,

available from The Independent Institute, 134 98th Av, Oakland,

CA 94603, 510/568-6047.



Constitution Society, 6900 San Pedro #147-230, San Antonio, TX

78216, 210/224-2868



----------------------------------------------------------------------



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From: jdr@earth (Jon Roland)

Newsgroups: talk.politics.guns,alt.politics.libertarian,alt.politics.usa.constitution,alt.politics.reform

Subject: Summary of Const Rights, Powers & Duties (TMP03)

Date: 23 Jan 1995 10:58:34 GMT

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SUMMARY OF CONSTITUTIONAL RIGHTS, POWERS AND DUTIES



Discussions of rights are sometimes confused concerning what are and

are not rights of the people or powers of government or the duties of

each. This is an attempt to summarize the rights, powers, and duties

recognized or established in the U.S. Constitution, in Common Law as

it existed at the time the U.S. Constitution was adopted, or as implied

therein. Not included are certain "internal" rights and powers that

pertain to the various elements of government within each level with

respect to each other.



Personhood:[1]



"Persons" are one of the two main classes which are the subject of

rights, powers, and duties, the other being "citizens". Persons may

be "natural" or "corporate". "Citizens" are a subclass of "natural

persons". Only persons have standing as parties under due process.

Each government has the power to define what is and is not a "person"

within its jurisdiction, subject to certain restrictions of Common Law

and the Constitution, the 15th Amendment to which requires that it not

exclude anyone based on race, color, or previous condition of servitude.

Under Common Law existing at the time of the adoption of the U.S.

Constitution, "personhood" was considered to begin at natural birth and

end with the cessation of the heartbeat. But technology has created a

new situation, opening the way for statute or court decision to extend

this definition and set the conditions under which personhood begins

and ends.



Each government may also establish, within its jurisdiction, "corporate

persons" such as governmental entities, associations, corporations,

or partnerships, in addition to the Common Law "natural" persons, but

the "personhood" of such corporate entities is not created by the

government. Its corporate personhood derives from the personhood of its

members. Corporate persons must be aggregates of natural persons.



Under Common Law, natural persons include only human beings, but provides

a basis for inclusion of entities that are sufficiently like human beings

in their behavior to be indistinguishable for legal purposes, such as

aliens, androids, or genetically enhanced animals, which have interests,

an ability to reason, and an ability to communicate. This would exclude,

however, establishment of other things as persons, such as inanimate

objects, which have no ability to represent themselves under due process.

Inclusion of such inanimate objects as parties to civil due process,

in effect making them "persons", has found its way into the U.S. legal

system, unconstitutionally, through recent seizure/forfeiture statutes.



Although not a well-developed area, there is also a basis for excluding

entities which, although they are born to human beings, lack attributes

which would enable them to be functionally human, such as some minimal

level of cognitive capacity, but such beings must be considered natural

persons as the default unless proven otherwise through due process.



Citizenship:



Citizenship is the attribute of persons who, as members of the polity,

have certain privileges and duties in addition to those they have as

persons. Citizens include those born on U.S. or State territory or

naturalized according to law.



Natural Rights:



The classic definition of "natural rights" are "life, liberty, and

property", but these need to be expanded somewhat. They are rights of

"personhood", not "citizenship". These rights are not all equally

basic, but form a hierarchy of derivation, with those listed later

being generally derived from those listed earlier.



Personal Security (Life):

(1) Not to be killed.

(2) Not to be injured or abused.



Personal Liberty:

(3) To move freely.

(4) To assemble peaceably.

(5) To keep and bear arms.[18]

(6) To assemble in an independent well-disciplined[13] militia.

(7) To communicate with the world.

(8) To express or publish one's opinions or those of others.

(9) To practice one's religion.

(10) To be secure in one's person, house, papers, vehicle[15], and

effects against unreasonable searches and seizures.

(11) To enjoy privacy in all matters in which the rights of others

are not violated.[7]



Private Property:

(12) To acquire, have and use the means necessary to exercise the above

natural rights and pursue happiness, specifically including:

    (1) A private residence, from which others may be excluded.

    (2) Tools needed for one's livelihood.

    (3) Personal property, which others may be denied the use of.

    (4) Arms suitable for personal and community defense.



Non-natural rights of personhood, created by social contract:



(1) To enter into contracts, and thereby acquire contractual rights,

to secure the means to exercise the above natural rights.[1][15]

(2) To enjoy equally the rights, privileges and protections of personhood

as established by law.

(3) To petition an official for redress of grievances and get action

thereon in accordance with law, subject to the resources available thereto.

(4) To petition a legislator and get consideration thereof, subject to

resources available thereto.

(5) To petition a court for redress of grievances and get a decision

thereon, subject to resources available thereto.

(6) Not to have one's natural rights individually disabled except through

due process of law, which includes:

    (a) In criminal prosecutions:

        (1) Not to be charged for a major crime but by indictment by a

        Grand Jury, except while serving in the military, or while serving

        in the Militia during time of war or public danger.

        (2) Not to be charged more than once for the same offense.

        (3) Not to be compelled to testify against oneself.

        (4) Not to have excessive bail required.

        (5) To be tried by an impartial jury from the state and district

        in which the events took place.

        (6) To have a jury of at least six for a misdemeanor, and at

        least twelve for a felony.[1]

        (6) To a speedy trial.

        (7) To a public trial.

        (8) To have the assistence of an attorney of one's choice.

        (9) To be informed of the nature and cause of the accusation.

        (10) To be confronted with the witnesses against one.

        (11) To have compulsory process for obtaining favorable witnesses.

        (12) To have each charge proved beyond a reasonable doubt.[1]

        (13) To have a verdict by a unanimous vote of the jury, which

        shall not be held to account for its verdict.[1]

        (14) To have the jury decide on both the facts of the case and

        the constitutionality, jurisdiction, and applicability of the

        law.[1]

        (15) Upon conviction, to have each disablement separately and

        explicitly proven as justified and necessary based on the facts

        and verdict.[1]

        (16) To have a sentence which explicitly states all disablements,

        and is final in that once rendered no further disablements may

        be imposed for the same offense.[1]

        (17) Not to have a cruel or unusual punishment inflicted upon

        oneself.

    (b) In civil cases:

        (1) To trial by an impartial jury from the state and district

        in which the events took place [1] where the issue in question

        is either a natural right [1] or property worth more than $20.

        (2) In taking of one's property for public use, to be given just

        compensation therefor.

        (3) To have compulsory process for obtaining favorable witnesses.[1]

    (c) In all cases:

        (1) To have process only upon legal persons able to defend

        themselves, either natural persons or corporate persons that

        are represented by a natural person as agent, and who are

        present, competent, and duly notified, except, in cases of

        disappearance or abandonment, after public notice and a

        reasonable period of time.[1]

        (2) Not to be ordered to give testimony or produce evidence beyond

        what is necessary to the proper conduct of the process.[1]



Non-natural rights or citizenship, created by social contract:



(1) To enjoy equally the rights and privileges of citizenship as

established by law.

(2) To vote in elections that are conducted fairly and honestly, by

secret ballot.

(3) To exercise general police powers to defend the community and enforce

the laws, subject to legal orders of higher-ranking officials.[17]

(4) To receive militia training.[7]



Disabilities of minority:[1]



Certain of the above rights are restricted, or "disabled", for minors,

but the definition of who is a minor and the extent to which each of

these rights are disabled for minors, is limited to the jurisdiction

over which each government has general legislative authority, which

for the U.S. government, is "federal ground" (see below).  Minors are

the only class of persons whose rights may be disabled without a need

to justify the disablement as arising from the need to resolve a

conflict with the rights of others, either through statute or due

process. The disablement consists of the assignment of a power to

supervise the exercise of the rights under the headings of "liberty"

and "property" listed above to a guardian, by default the parents, who

acts as agent of the State for the purpose of nurturing the minor.

The disability is normally removed by statute providing for removal

when a certain age, such as 18, or condition, such as marriage, is

attained. The disabilities of minority can also be removed earlier

by court order or, if statute allows, extended beyond the usual

statutory expiration by court order in cases of incompetence. The

right to vote is not included among the disabilities of minority, but

is defined separately by law, so that removal of the disabilities

of minority does not in itself affect having the right to vote.



Constitutional duties of persons under U.S. or State jurisdiction:[7]



(1) To obey laws that are constitutional and applied within their proper

jurisdiction and according to their intent.

(2) To comply with the terms of legal contracts to which one is a party.

(3) To tell the truth under oath.



Constitutional duties of citizens under U.S. or State jurisdiction:[7]



(1) To preserve, protect, and defend the Constitution.[6]

(2) To help enforce laws and practices that are constitutional and

applied within their proper jurisdiction and according to their intent,

and to resist those which are not.

(3) To serve on juries, and to render verdicts according to the

constitutionality, jurisdiction, and applicability of statute and common

law, and the facts of the case.



Constitutional duties of able-bodied citizens under U.S. or State

jurisdiction:[7]



(1) To defend the U.S. or State, individually and through service in

the Militia.

(2) To keep and bear arms.[18]

(3) To exercise general police powers to defend the community and enforce

the laws, subject to legal orders of higher-ranking officials when

present.[17]



Powers delegated to U.S. (Federal) Government:



(1) Exclusive powers

    (1) To lay and collect import duties.[8]

    (2) To pay the debts of the U.S. Government.

    (3) To regulate commerce with foreign nations and Indian Tribes.

    (4) To regulate commerce among the States.[2]

    (5) To regulate immigration.[7]

    (6) To establish a uniform rule of naturalization.

    (7) To establish uniform laws on bankruptcy throughout the United

    States.

    (8) To coin money and regulate its value and that of foreign coin,

    and to issue bills of credit.

    (9) To provide for the punishment of counterfeiting the securities

    and current coin of the United States.[3]

    (10) To fix the standard of weights and measures.

    (11) To provide and regulate postal services.

    (12) To establish protection for intellectual property, including

    patent, copyright, and trademark rights.

    (13) To constitute lower federal courts.

    (14) To define and punish piracies and felonies committed on the

    high seas, and offenses against the laws of nations.[3]

    (15) To declare war, authorize warlike activities by other than

    the armed forces, and make rules concerning captures.

    (16) To raise, support and regulate the armed forces.

    (17) To govern what part of the Militia shall be employed in the

    service of the United States.

    (18) To exercise general Legislation[9] over federal ground, which

    is limited to federal territories and districts, land purchased

    from states with the consent of their legislatures, U.S. flag

    vessels on the high seas, and the grounds of U.S. embassies abroad.

    (19) To guarantee a republican form[12] of government to the States.

    [3]

    (20) To enter into a treaty, alliance, or confederation with a

    foreign state.

    (21) To declare the punishment for treason.[3]

    (22) To prescribe the manner in which the acts, records, and

    judicial proceedings of each state shall be proved to other states

    and what should be done about them.

    (23) To admit new states into the Union.

    (24) To make laws necessary and proper for executing the powers

    delegated to the U.S. government.



(2) Pre-emptive but non-exclusive powers

    (1) To provide for the common defense and general welfare.

    (2) To provide for calling forth the Militia to execute the laws,

    suppress insurrections, and repel invasions.[16]

    (3) To provide for organizing, arming, and disciplining the Militia.

    (4) To prescribe the times, places and manner of holding elections

    for members of Congress, except the places for electing senators.

    (5) To conduct a census every ten years.



(3) Non-pre-emptive non-exclusive powers

    (1) To lay and collect excise taxes on commerce or income taxes

    on persons.[8]

    (2) To borrow money.



Restrictions of the powers of the Federal Government:

    (1) No exercise of powers not delegated to it by the Constitution.

    (2) No payment from the Treasury except under appropriations made

    by law.

    (3) Excises and duties must be uniform throughout the United States.

    (4) Shall pass no tax or duty on articles exported from any state.[5]

    (5) No appointment of a senator or representative to any civil

    office which was created while he was a member of Congress or

    for which the amount of compensation was increased during that

    period.

    (6) No preferences to the ports of one state over another in

    regulation or tax collection.

    (7) No titles of nobility shall be granted by the U.S. government,

    or permitted to be granted to government officials by foreign

    states.

    (8) May not protect a State against domestic violence without the

    request of its legislature, unless it cannot be convened, in which

    case, without the consent of its executive.

    (9) U.S. courts do not have jurisdiction over suits against a state

    by citizens of another state or foreign country.



Powers delegated to State Governments:



(1) Exclusive powers

    (1) To appoint persons to fill vacancies in the U.S. Congress from

    that state and to hold special elections to replace them. State

    executive may make temporary appointments if state legislature in

    recess and until they reconvene, when they shall appoint a temporary

    replacement.

    (2) To appoint the officers of its Militia.[11]

    (3) To conduct the training of its Militia.[12]



(2) Non-exclusive powers[4]

    (1) To prescribe the times, places and manner of holding elections

    for members of Congress.[10]



Restrictions of the powers of the State Governments:



(1) State constitutions and laws may not conflict with any

provision of the U.S. Constitution or U.S. laws pursuant to it.[7]

(2) May not exercise powers not delegated to the State government

by the State Constitution.[7]

(3) May not make anything but gold or silver coin a tender in

payment of debts.

(4) May not pass a law impairing the obligation of contracts.

(5) May not grant a title of nobility.

(6) May not collect imposts or duties on imports or exports without

consent of Congress, except fees necessary to cover the costs of

inspections and paid to the U.S. Treasury.[8]

(7) May not lay a duty on tonnage.

(8) May not keep troops or ships of war in time of peace or make

war without the consent of Congress, unless actually invaded and

in imminent danger that does not admit of delay.

(9) May not make a compact or agreement with another state of the

U.S. or with a foreign state without the consent of Congress.



Duties of the State Governments:



(1) Must provide a republican form[12] of government to their

citizens.[7]

(2) Must conduct honest and fair elections, by secret ballot.[7]

(3) Must give full faith and credit to the public acts, records,

and judicial proceedings of every other state, and recognize the

privileges and immunities granted thereby.

(4) Must extradict a person charged with a crime in another state

to that state.

(5) Must organize and train their militias.[7]



Restrictions of the powers of all Governments:



(1) Shall not disable any natural or constitutional right without

due process of law, and then only to the extent necessary to avoid

infringing the rights of others.

(2) Shall not deny any person within its jurisdiction equal

protection of the laws.

(3) Shall not suspend habeas corpus, except in case of rebellion

of invasion and the public safety may require it.

(4) Shall not issue a search warrant but on probably cause, supported

by an oath or affirmation, and particularly describing the place

to be searched, and the person or things to be seized.

(5) Shall not arrest members of Congress, except for treason, felony,

or breach of the peace, while their house is in session.

(6) Shall not question a member of Congress on anything he says

during a speech or debate in his house.

(7) Shall not pass any bill of attainder or ex post facto law.

(8) Shall allow no slavery or involuntary servitude except as

punishment for a crime of which the party shall have been duly

convicted.

(9) Shall not deny or abridge the right to vote to any person on

account of race, color, previous condition of servitude, sex, for

failure to pay any tax, or on account of age if older than 18.



Some arguably needed federal powers:



(1) To regulate the manufacture, distribution, operation, and

disposition of aircraft and spacecraft, the regulation of their

crews, and the definition and punishment of crimes committed on

U.S. registered aircraft or spacecraft or on aircraft or spacecraft

operating in U.S. airspace.

(2) To regulate cabled or wireless communications beyond a distance

of 1 kilometer.

(3) To regulate the production, distribution, and use of nuclear

energy, and electric energy transmitted more than 1 kilometer.

(4) To limit tort liability on commerce and commercial articles

subject to U.S. regulation of their manufacture.

(5) To pre-emptively pass and enforce laws needed to conserve

wildlife and natural resources, to protect the climate and natural

environment, to prevent an excess of population, and to regulate

public health and workplace safety.

(6) To provide for the punishment of abuses of power by any official,

agent, or employee of, or contractor for, any institution of government,

and specifically any violations of the Constitution and laws pursuant

thereto.

(7) To provide for the punishment of abuses of the natural rights

of persons by other persons, in the event that those abuses, if the

occurred on state ground, are not prosecuted by a State government.

(8) To define "due process" to include the elements given above

which are not now explicit in the U.S. Constitution.

(9) To define the arms to which persons have a right to keep and

bear as including "all those weapons which may be carried by one

person and which might be useful or necessary to defend oneself or

the community, except weapons of mass destruction such as bombs,

heavy missiles or artillery, or biological, chemical, or nuclear

agents which may cause lasting injury or death."

(10) To make explicit that only natural persons or corporate persons

composed of natural persons may be the subject of due process in

any civil or criminal proceeding.



NOTES:



[1] This is established in Common Law at the time the U.S. Constitution

was adopted, but is not explicit in the U.S. Constitution.

[2] Originally, "commerce" meant only transfers of goods or services

for a valuable consideration, so that "interstate" commerce would not

include interstate migration, carrying across a state border of one's

own possessions that one intends to keep, the sending across a state

border of a gift or inheritance, nor include articles which had not

yet crossed a state border, or articles which had "come to rest" with

the completion of the transfer. It would not include manufacturing,

local sales, or things that are "part of an aggregate" of interstate

commerce, or things that might "affect" interstate commerce. Note also

that the power to regulate does not include the power to criminally

prosecute violations of regulations, but only to seize property through

civil process.

[3] These are the only provisions that allow federal criminal laws

jurisdiction outside federal ground.

[4] These powers, if not exercised by the State, revert to the people.

[5] This provision would seem to forbid taxes on interstate commerce

if export to another state of the U.S. is included, leaving only

intrastate commerce or commerce on federal ground subject to excise

taxes or duties, although interstate commerce can otherwise be regulated.

[6] This means obeying constitutional laws and practices, and resisting

unconstitutional ones.

[7] This is not clearly stated, but implied.

[8] The power to tax is not the power to regulate or license, and vice

versa. That is why the powers to tax and to regulate are separately

specified. With one exception, which is never used (in Art. 1 Sec. 10),

no allowance is made for the charging of fees to cover the costs of

regulation, even though this has become a common practice, in violation

of the Constitution.

[9] This use of the word "Legislation" is a term of art which grants

general powers within its jurisdiction, including powers of criminal

and civil law that a State might exercise within its jurisdiction, but

unlike a State in that a State would be restricted by a state consti-

tution granting it only certain powers. This is a major gap in the

Constitution. Although it applies only to federal ground, it also does

not make clear what are the limitations on such legislative power,

other than the natural and constitutional rights of persons, and so

has been interpreted to allow anything that does not violate those

rights. There is a need for a federal sub-constitution, similar to a

typical state constitution, that applies to federal ground.

[10] The wording suggests that the States have the power, but allows

the Congress to pre-empt it.

[11] But this implies that if the State fails to appoint such officers,

local militias are left to elect their own, which was the established

Common Law practice at the time the U.S. Constitution was adopted.

[11] But "according to the discipline prescribed by Congress". This

means Congress can direct, but not forbid it, and implies that, in the

absence of any training conducted by the State, local militias are

left to organize and train themselves, which was the established Common

Law practice established at the time the U.S. Constitution was adopted.

[12] The term used is "form" of government, but the Framers seem to

have meant substance as well, and that is reasonably implied.

[13] The original term was "well-regulated", but this is what was meant.

Militias were originally local and independent of official authority,

and it was intended that although they be subject to official authority

when called into service by such authority, that they also be able to

convene and operate independently when not.

[14] "Vehicle" was not explicitly included, but implied as an "effect".

[15] This is needed to allow persons not only to have rights but the

means to exercise them, and also to acquire those means if they do not

already have them, without which the right would be unduly burdened.

However, beyond this right, the community has the general power to

restrict contracts for reasons of public policy and not just to avoid

conflicts with the rights of others, so that there is not a general

"right" of contract, but a "default privilege" of doing so, subject to

law, for contracts that do not involve securing the means to exercise

their natural rights.

[16] This is worded as "to execute the Laws of the Union", thus allowing

States to also call forth their Militias to execute their own laws.

[17] The exercise of general police powers is both a right of citizens,

and a duty of able-bodied ones. All citizens are policemen, although

ordinary citizens may be outranked by professional police officers when

such officers are present in a law enforcement situation.

[18] Likewise, the keeping and bearing of arms, while a right of persons,

is also a duty of able-bodied citizens.



FURTHER COMMENT:



Note that there is no right to marry or bear children included among

any of the rights listed above. It is not a "natural" right, because

natural rights are only rights of individuals, and exercise of a

"right" to marry, without the consent of the other, would be an assault.

Since consent is required, it is a matter of contract, and contractual

rights are created by the community, even if it is a "community" of only

two persons. Since the community is normally a larger polity, and since

all legal contracts are agreements not only between the contracting

parties, but also with the entire community, therefore the community

has the power to regulate marriage and childbirth, and has exercised

that power since time immemorial, for the benefit of the community.



Note also that the fundamental unit of the social contract is the local

community or village. These may aggregate into a larger "state" or

"federal union", but the basis is agreement among those who are in

direct contact with one another.



It is sometimes thought that "the Constitution" consists only of the

written document. This is not so. The title "The Constitution of the

United States" was added after the document was adopted, but "constitution"

meant the "basic legal order", and the Constitution consists of both the

written document and the common law at the time the document was adopted,

which is here referred to as the Common Law in caps. Now, the written

document does supersede the Common Law where they might be in conflict,

but it does not replace it, and courts must refer to the Common Law for

guidance where the written document is silent or ambiguous.



In addition to the written document and the Common Law, the Constitution

also includes Treaties, which, although they are valid only insofar as

they are not in conflict with the written Constitution, are superior to

both the Common Law and to State constitutions and laws, to the extent

that those might be in conflict with the Treaties. Thus, some of the

Treaties that have been adopted extend and clarify some of the rights,

powers, and duties provided in the written Constitution. For example,

that is how "federal ground" is extended to include coastal waters out

to a certain distance from shore, and the grounds of U.S. embassies

abroad, and how the rights of the people are amplified by the Charter

of the United Nations and by various bilateral and multilateral Treaties

that extend civil and commercial rights to U.S. citizens abroad.



The following diagram can help clarify the relationship among the various

elements of law in the U.S. legal system. Each element is superior to

the one below it, although state constitutions are derived from their

people, not from the U.S. Constitution. Although not shown, each box also

includes the body of writings and recorded speeches of the legislators,

diplomats, and judges who wrote the constitutions, treaties, laws, and

court decisions, which clarify their intent, and which must be accepted

as the basis of interpreting the words when there is confusion or dispute

over their meaning.



                +--------THE U.S. CONSTITUTION---------+

                |   +------------------------------+   |

                |   |    Written Constitution      |   |

                |   +------------------------------+   |

                |                  |                   |

                |   +------------------------------+   |

                |   |          Treaties            |   |

                |   +------------------------------+   |

                |                  |                   |

                |   +------------------------------+   |

                |   |         Common Law           |   |

                |   +------------------------------+   |

                +--------------------------------------+

                                   |

                +------------------V-------------------+

                |  Laws Pursuant to U.S. Constitution  |

                +--------------------------------------+

                                   |

                +--------------------------------------+

                |      common law since adoption       |

                +--------------------------------------+



                +----------STATE CONSTITUTION----------+

                |   +------------------------------+   |

                |   |    Written Constitution      |   |

                |   +------------------------------+   |

                |                  |                   |

                |   +------------------------------+   |

                |   |  Compacts With Other States  |   |

                |   +------------------------------+   |

                |                  |                   |

                |   +------------------------------+   |

                |   |         Common Law           |   |

                |   +------------------------------+   |

                +--------------------------------------+

                                   |

                +------------------V-------------------+

                |  Laws Pursuant to State Constitution |

                +--------------------------------------+

                                   |

                +--------------------------------------+

                |      common law since adoption       |

                +--------------------------------------+



----------------------------------------------------------------------



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From: jdr@earth (Jon Roland)

Newsgroups: talk.politics.guns,alt.politics.libertarian,alt.politics.usa.constitution,alt.politics.reform

Subject: Constitutionalists Organize (TMP07)

Date: 23 Jan 1995 11:00:42 GMT

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FOR IMMEDIATE RELEASE               INFO: JON ROLAND 210/224-2868



                 CONSTITUTIONALISTS ORGANIZE



     SAN ANTONIO, TEXAS, APRIL 2, 1994 -- A number of persons

dedicated to the strict enforcement of the U.S. and State

Constitutions has formed three new organizations. The first two

are the Constitution Society and the Constitution Foundation. The

purposes of the Constitution Foundation, which will seek tax-

deductible status under Section 501(c)(3) of the Internal Revenue

Code, are:

     1. To practice the secular religion variously known as

constitutionalism, republicanism, liberal humanism, or democratic

libertarianism, being the body of political belief which embraces

the principles on which the Constitution of the United States was

founded.

     2. To conduct research and public education on how to

interpret these principles and apply them to the development and

administration of law and the operations of government, and to

ordinary life, whether in the United States of America, or in any

other country whose political institutions are organized on

similar principles.

     3. To cultivate and practice the skills of republican self-

government, including parliamentary procedure, legal due process,

executive administration, political campaigning, investigative

reporting, militia operations, law enforcement, disaster

management, and community organization.

     4. To promote skill in the use of, and proper respect for,

the principal articles of devotion in this secular religion,

namely the arms suitable for defense of the community, the

individual, and the Constitution against all enemies, foreign or

domestic.

     5. To formulate, but not advocate, amendments to the

Constitution of the United States, and to the constitutions or

charters of other nations, which meet the needs of changing

circumstances while preserving the principles and protecting the

natural rights which are the basis for any well-written

constitution.

     The Constitution Society has the same purposes, plus three

others:

     6. To resist and oppose any laws, administrative practices,

executive actions, court decisions, or political or social

customs, which violate constitutional principles in the United

States or any other country, and in particular the Constitution

of the United States as it was intended by its Framers.

     7. To offer support for any persons who may be the victims

of tyranny or political oppression, and to seek justice for them

and for their causes.

     8. To promote and support the celebration of April 19 of

each year as Militia Day, in commemoration of those brave

patriots who have served in their militias in defense of freedom

and the principles of constitutional law.

     However, such purposes shall not include advocacy of any

particular social or economic policy, other than adherence to

constitutional principles.

     The founders of these organizations felt that although there

are other organizations dedicated to the restoration of

constitutional governance, most of them had other economic or

social agendas which distracted them from the primary mission. In

the words of one of the founders, Jon Roland, "We want a set of

organizations where people of all political persuasions can feel

comfortable, not just libertarians and conservatives, but also

liberals and environmentalists. The only thing they need agree on

is that if there is some power that government needs to solve

some problem, then the Constitution needs to be amended first to

give it that power, and amended in a way that does not infringe

on our natural rights. For the past 60 years it has been a great

temptation, when faced with difficult problems, and when

advocates of solutions to those problems could muster only enough

support to pass laws but not enough to adopt constitutional

amendments, to simply go ahead and pass the laws, then count on

compliant judges to ignore the Constitution and allow those laws

to stand. The result is a legal mess. It is time to go back and

clean up the mess."

     One of the projects of the Constitution Foundation and

Constitution Society, Roland said, will be to systematically

review the entire United States Code, identifying all those

sections and clauses that violate the Constitution as it was

intended by the Framers, regardless of whether we may agree with

them or not.

     Also formed at the same time is the Texas Militia

Correspondence Committee. It's purposes are:

     1. When the Texas Militia is not called to duty by the

President of the United States or the Governor of Texas, to

coordinate the activities of independent local militia units

throughout the State of Texas with one another and with military,

law enforcement, disaster control, and other public service

organizations, and with similar coordinating organizations in

other states.

     2. When the Texas Militia is called to duty by the President

of the United States or the Governor of Texas, to assist in the

coordination of Militia activities in accordance with laws of the

United States Congress, and under the direction of officers

appointed by the Governor of Texas, under the authority of

Article I Section 8 of the Constitution of the United States, and

in accordance with any laws of the Texas Legislature, under the

authority of provisions of the Constitution of the State of Texas

governing the Texas Militia.

     3. In the absence of the organization, arming, and

disciplining of the Militia as provided in Article I Section 8 of

the Constitution of the United States, to do such of that as is

feasible to voluntary efforts by patriotic citizens.

     In explaining the Texas Militia Correspondence Committee,

Roland said, "The only federal law on the Militia is 10 USC 311,

which defines it but does not mandate the States to carry out the

organization and training provided for in Article I Section 8 of

the U.S. Constitution, nor require able-bodied citizens to keep

and bear arms as did the Militia Act of 1792, which required each

able-bodied male citizen to keep a musket or firelock. That Act

needs to be brought up to date. In the absence of federal or

state leadership, it is up to citizens to organize and train

themselves in each local community." Roland went on to explain

that the Framers of the Constitution envisioned the maintenance

of a Militia system something like that of Switzerland. "Such a

Militia system," said Roland, "serves not only to prepare the
people to resist invasion or cope with disasters, but to bind the

people together into communities for all kinds of civic

activities. In this age in which too many people don't know their

own next door neighbors, it is time to break down the barriers of

anonymity and rebuild the community spirit on which our society

depends. Able-bodied citizens should be expected to perform

regular civic duties in much the way the perform jury duty. The

Constitutional framework for doing that is the Militia." Roland

explained that he hoped that similar correspondence committees

would be set up in other states.

     These organizations will be sponsoring Militia Day, to be

celebrated on April 19 of each year in commemoration of the

Battle of Lexington and Concord, in which local militias resisted

an attempt by British troops to disarm them, and thereby started

the American Revolution.



----------------------------------------------------------------------



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From: jdr@earth (Jon Roland)

Newsgroups: talk.politics.guns,alt.politics.libertarian,alt.politics.usa.constitution,alt.politics.reform

Subject: '94 Militia Day Brochure (TMP08)

Date: 23 Jan 1995 11:02:43 GMT

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                          Alamo Area

                         Militia Day

                    Leadership Conference

                        April 19, 1994



What: A meeting of all citizens of the counties surrounding and

including Bexar County with an interest in organizing and

training local militia units in their areas. Under the U.S.

Constitution, the Militia are all citizens able to carry arms in

defense of the State, who may be called to duty by the President

or the Governor of the State, together with such other citizens

as may wish to participate. Each member of the Militia is

expected to provide his or her own weapon and ammunition for it,

and other equipment. During this century, the implementation of

the provisions of the U.S. Constitution which call for Militia

training have been neglected, and our purpose will be to revive

this tradition and fulfill the intent of the Framers.



Where: The present plan is to meet in San Antonio on the median

of the unfinished portion of Hwy 151 south of Westover Hills

Road, near the entrance to Sea World, on the southwest side of

San Antonio. From there we may go to the Bullet Hole, a shooting

range. To get there take US 90 past Loop 1604. Take the first

right turn, which is Grosenbacher Road, and go about 2 miles. It

has a $5.00 charge. We will not be meeting in a city park as

previously planned. These sites are subject to change, however,

so be alert to late announcements or call the phone number shown

below.



When: Beginning at 6:00 AM and continuing through late afternoon.

Try not to be later than 8:00 AM. If you have to work and can't

stay all day, at least be there from 6:00 to 8:00 AM.



Why April 19: On April 19, 1775, the American Revolution began

with the battle of Lexington and Concord, when local militias

resisted the attempt by British soldiers to seize their stocks of

weapons. It is also the anniversary of the Warsaw Ghetto uprising

during World War II, and of the final assault on Mount Carmel. It

is also close to the anniversary of the battle of San Jacinto,

where on April 21, 1836, the Texas Militia defeated the Army of

Mexico. We commemorate these events, and seek to establish April

19 of each year as a national holiday for persons reporting for

militia duty.



Where to park: Along the roadway, clear of the pavement. If the

ground is wet, check it first to avoid getting stuck.



What to bring: One rifle or shotgun, with ammunition, but

unloaded. No handguns or other weapons than short knives, except

for those used in training demonstrations. Comfortable footwear

and headgear. Knapsack to carry lunch and gear, and to carry out

trash. Canteen. U.S. and Texas flags. Relevant books and training

manuals. There will be no latrines, so plan accordingly.



Training topics: The morning will be devoted to organizing

participants into groups who will take turns studying and

discussing various topics: home and community defense, disaster

prevention and recovery, safe use and storage of weapons, weapons

laws, constitutional law, jury rights and duties, organizing

local militia units, assistance to law enforcement, crime

prevention, citizen arrest powers and procedures, resistance to

illegal authority, field medicine, neighborhood patrols,

neighborhood alert systems and communications, working with

troubled youth, investigating crime, uncovering official

corruption and election fraud, military drill and manual of arms,

march music.



Especially needed: We have invited the Texas National Guard,

Texas Rangers, Bexar County Sheriff, and San Antonio Police to

provide instructors in some of the above areas, but they are busy

during this period, so we need persons with special expertise to

lead the seminars and discussion groups and provide training. We

could use experts in constitutional law and history, militia

history, electronics and communications, surveillance technology,

public information, CPR and first aid, field medicine, improvised

munitions, and ballistics.



Extras needed: Portable public address system with batteries,

musical instruments suitable for marching (such as fife and

drum), video cameras with extra batteries and tapes, signs and

signmaking materials, banners, voting precinct maps, portable CB

radios, ham radio equipment, portable computers, sample election

materials.



Things to read: U.S. and Texas Constitutions, Halbrook: That

Every Man Be Armed, Norval: The Militia in the 20th Century,

Collier & Collier: Votescam, Ayoob: The Truth About Self-

Protection, In the Gravest Extreme, StressFire, Gottlieb: The

Rights of Gun Owners, U.S. Army Manual of Drill and Manual of

Arms. We will expect everyone to be able to memorize the 1st,

2nd, 4th, 5th, and 10th Amendments to the U.S. Constitution, as

well as the relevant provisions of Article I Section 8. Also,

bring any other relevant books, manuals, or articles that you

think would contribute to this event.



Discipline: All participants will be subject to Militia

Discipline. There is to be no alcohol and no littering.

Participants are discouraged from displaying paramilitary

trappings where they may be seen by news media. Persons who take

any action that may endanger anyone or that may tend to discredit

this gathering will be ejected and in extreme cases may be

subject to arrest.



Spread the word: Make copies of this announcement and try to get

as many people to come as you can. Try to get people of all

kinds, from every neighborhood and walk of life. Notify your

local media. If you can, begin in advance to organize a local

militia and get them to come as a unit. We would especially like

to see women, older children, and members of minority groups.



Political Action: For those who wish to do so, the afternoon will

be devoted to political protests of violations of the U.S. and

State Constitutions, including visits to public officials and a

march to demonstrate our commitment.



For information: This event is being called by the Texas Militia

Correspondence Committee and the Constitution Society, both at

6900 San Pedro #147-230, San Antonio, TX 78216, 210/224-2868.



About the Constitution Society: It is a non-profit action

organization dedicated to making government conform to

constitutional principles, as embodied in the Constitution of the

United States according to the original intent of its Framers,

and their writings and speeches. It is not limited to the United

States, but seeks to establish or restore constitutional

principles everywhere. It has no social or economic agenda, and

is not for or against any law or government program or activity

except insofar as it conforms to the Constitution of the nation

and state. Dues are $50.00 per year.



About the Texas Militia Correspondence Committee: It is to

coordinate local independent militias throughout the State of

Texas and assist them in meeting and training, in the absence of

legislation and direction at the state or national level. If the

Governor or President were to call up the Militia, it would

assist in complying with the callup. It also serves as a point of

contact with correspondence committees in other states. At

present, members are self-appointed, but it is planned that it

will eventually be elected by county militia commanders, who will

in turn be elected by precinct militia commanders.



Remember: The Militia consists of all able-bodied citizens,

together with such others as wish to participate. It is not a

private association or some select subset of the people. The

Militia has the constitutional right to assemble bearing arms.



----------------------------------------------------------------------



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From: jdr@earth (Jon Roland)

Newsgroups: talk.politics.guns,alt.politics.libertarian,alt.politics.usa.constitution,alt.politics.reform

Subject: '94 Militia Day Letter (TMP09)

Date: 23 Jan 1995 11:04:04 GMT

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               Texas Militia Correspondence Committee

                      6900 San Pedro #147-230

                       San Antonio, TX 78216

                            210/224-2868

                              94/04/12





Fellow Patriot:



     The past year has been an eventful one, but it is only the

prelude to events to come. We are at the turning point in a

historic course, and must make a choice. We call upon you to join

with us and assemble on April 19 as a militia. Not just a rally

of enthusiasts or protesters, or of some select group of leaders,

but of such of the Militia as we can get to come, conscious of

ourselves being the Militia, and met with the purpose to fulfill

the intent of the Framers of the Constitution that the Militia

should be kept organized and trained.

     Let us pause for a moment to consider the significance of

that. Local militias meet now, in private places, away from

public attention. We will be meeting in the heart of a major

metropolitan area, in full view of the world. We don't have to do

anything. Merely meeting as the Militia, peacefully and openly,

will send a message:

     The American Revolution began with an attempt by the

government to disarm the people. It could happen again.

     During the past year we have explored the available bulwarks

against tyranny. Some have bemoaned how the people, seduced by

promises of security, seem unwilling to elect officials who will

enforce the Constitution as it was intended to be enforced by its

Framers. We have worked to elect better candidates. But now we

find that even if they voted otherwise, the election is likely to

be rigged to elect candidates chosen not by the people but by an

oligarchy of powerful interests. We have vested hope in juries to

refuse to render verdicts that enforce unconstitutional or

misapplied laws, but have seen how juries can be controlled to

suit the purposes of those in power. We look around us to try to

find institutions we can trust, but everywhere we turn, we find

that those institutions are controlled by people in key positions

that are accountable not to the people or to their shareholders

or to the law, but to a chain of command that leads to persons

unknown.

     All of our constitutional rights are threatened by a

relentless subversion of that rule of law without which there can

be no security, no justice, and finally, no peace. But in special

peril the very week we propose to celebrate Militia Day is our

right to keep and bear arms and our right to assemble peacefully

as a Militia. Bills before Congress are scheduled then for a vote 

that would finally confront thousands, perhaps millions, of

American citizens with being made outlaws by the stroke of a pen,

confronted with the decision to either surrender our arms or

resist against overwhelming force.

     On April 19 of last year, more than 80 persons died in the

kind of confrontation that may be faced by hundreds of thousands

of patriot groups, mostly single families. Standing alone, with

no one to come to their aid, to avenge them, or even in many

cases to bear witness to their fate, they stand little chance.

     Unless the Militia organizes. That is what the Powers That

Be fear most. It's not crime, or public health. It's all about

power. As long as we have the possibility of uniting and

resisting them, they remain threatened, and they foresee events

that will reveal them and shake the foundations of public order

on which their control depends. They are preparing for those

events, and so must we.

     It is time for the Militia to awaken. To organize. To train.

And in so doing, to make it unnecessary to have a confrontation.

By our numbers and our discipline, by our invulnerability to

control by any key people among us, and by the sympathy we will

gain from people throughout the fabric of government, the

military, law enforcement, and the media, we will position

ourselves for a stalemate on the field of force. They will know

that we cannot be divided or attacked a few at a time, and that

in a general confrontation they could not prevail.

     By thus establishing a balance of power, we win. For their

power depends on growth. When they cannot gather more power to

themselves, their power will falter and break up into factions

that will no longer be able to act in concert against the people.

     Therefore, it is important that every one of you attend.

This letter is being sent to more than 500 persons. If each of

you can bring 5 others, we can get the attention of the world. If

you love your country and its Constitution, it is time for you to

act.



     We propose to you an oath or affirmation:



     "I swear/affirm that I will preserve, protect, and

     defend the Earth, the Nation and its Constitution, the

     State and its Constitution, and the Community, against

     all enemies, foreign or domestic; and that I will make

     an independent determination of the constitutionality

     and applicability of all laws and official acts with

     which I may become involved, without being unduly

     influenced by any official or superior, and that I will

     obey or assist in the enforcement of those which are

     constitutional and applicable, and resist those that

     are not, regardless of personal consequences."



     By dawn's early light have patriots ever met to defend their

liberties. Now is the time. Do not fail, or in times to come you

will regret that you were not there, when history was made.









Jon Roland

Member, Texas Militia Correspondence Committee











When you come bring information about yourself on a sheet of

paper, or send it before you come to the above address. We need

your name, address, phone, weapon of choice, skills, resources,

and what you feel you can contribute.



There could be a last minute change of meeting site. Call the

above phone number before you come. It will have an announcement

of any changes. If we do there will be a sign or person at the

site to redirect you.



----------------------------------------------------------------------



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From: jdr@earth (Jon Roland)

Newsgroups: talk.politics.guns,alt.politics.libertarian,alt.politics.usa.constitution,alt.politics.reform

Subject: Fed Actions Against '94 Militia Day (TMP10)

Date: 23 Jan 1995 11:06:01 GMT

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FOR IMMEDIATE RELEASE             INFO: JON ROLAND 210/224-2868



        CONSTITUTIONAL MILITIA MEETS. FEDS GO BALLISTIC



SAN ANTONIO, TEXAS, APRIL 17, 1994 -- A callup of the

constitutional militia for Bexar and surrounding counties has

been set for Hwy 151 at the entrance to Sea World at 6:00 AM on

April 19, 1994. According to Jon Roland, one of the people who

issued the callup under the aegis of the Texas Militia

Correspondence Committee, "April 19 is the anniversary of the

Battle of Lexington and Concord, when, in 1775, British troops

sent to confiscate colonial arms were met by the colonial

militia, who fired the 'shot heard 'round the world' that started

the American War of Independence."

     "The Framers of the U.S. Constitution envisioned that the

militia, which consists of all able-bodied citizens, plus any

other citizens who wish to volunteer, would be the mainstay of

defense of the nation, much as it is in Switzerland, which has a

very small army but where everyone receives military training and

is organized to respond to emergencies of all kinds", said

Roland. "The Framers also wanted the militia kept ready to

preserve, protect, and defend the Constitution against abuses by

government officials, as one of the checks on excessive

governmental power, and as a bulwark against tyranny."

     "Unfortunately," said Roland, "the militia has been allowed

to fall in disuse, and power has become concentrated in the

national government and in a huge defense establishment, which

now threatens the liberties of the people in ways they were once

threatened by foreign countries."

     "It is time to revive the constitutional militia," said

Roland. "To do that, since there is no initiative coming from

state government, we have decided to have the militia start

calling up itself. It can do that in the absence of a callup by

the Governor or the President. Obviously, without official

backing, we won't get everyone to come to the muster, but even if

we only get a few, this thing can grow from year to year as

public awareness grows."

     "It is important to realize," Roland said, "that the

National Guard is not the militia. It is organized as part of the

Army, and as such, while being part of the militia, as all able-

bodied citizens are, it is not the whole of it. It is the rest of

it that needs to be organized, for such purposes as civil

defense, disaster control, crime control, and other civic

purposes."

     "Unfortunately," added Roland, "Federal authorities have

decided to oppose this effort, and are doing everything they can

to prevent us from meeting."

     Roland explained that he and other organizers made every

effort to reach out to local, state and National Guard officials

to join in helping make this effort succeed, by providing

speakers and instructors. "At first they seemed supportive of the

idea, but then suddenly the support was cut off and turned to

opposition", Roland said.

     The meeting was first planned to meet in Olmos Park, but

then organizers were told that the area selected "was not an area

that could be reserved, and therefore meeting there would not be

permitted." When the plan was changed to meet in San Pedro Park,

which was founded under a charter that does not allow

restrictions on access, the City of San Antonio invoked its

Ordinance 79328, which was motivated by youth gang violence and

forbids the carrying of firearms in public parks, and told the

organizers that they would be arrested if they met with their

firearms.

     Roland commented, "Well, if they are going to arrest anyone

carrying a firearm in a public park, they aren't doing their

jobs, because scores of people carry firearms in Olmos Park every

day at the San Antonio Gun Club, which is on park grounds. What

we are doing has a lot more civic value than guys shooting skeet.

This is selective enforcement."

     "We then decided to move the meeting site to Hwy 151, at the

entrance to Sea World," said Roland, "because we need a large

open area on public land. This unfinished expressway makes a good

place to train. It has a gravel surface that won't get soggy if

it rains."

     When asked to cite examples of how this effort is being

opposed by federal authorities, Roland said, "On Monday, April

11, a male voice called the office where I was working in the

Tower Life Building, and asked the receptionist in which office I

work. She told him. Two days later, someone entered the office in

the middle of the night and stole my computer. They knew exactly

which one it was. It was not an ordinary burglary. There were

plenty of other things in that and other offices that could have

been taken that were more valuable. It shows the classic M.O. of

a federal 'black bag' operation. It also shows their

incompetence. They failed to take the power supply. They don't

seem to know that computers need electricity to run."

     Roland went on, "On Friday, members of the San Antonio

Police Department visited the office to 'look for explosives'. It

was not a real search. Clearly just harassment. They mentioned

that they had received an 'intelligence briefing' on Roland which

portrayed him as some kind of 'mad bomber'."

     "Clearly," Roland said, "they have begun the classic pattern

of trying to demonize and discredit a leader of a dissident group

by spreading disinformation about him". Roland added, "I am

really upset that they couldn't come up with something more

original. No one who knows anything about me is going to believe

nonsense like that. The last time I had anything to do with

explosives was when I was ten years old and set off some

firecrackers under a can."

     "Now, if they had claimed that I am some kind of space

alien, they might have gotten somewhere. A few of my friends

could believe that," he chuckled. "If they're going to tell lies

about me," Roland said, "at least let's have some that are

entertaining and imaginative."

     Roland went on to mention that this is not the first such

effort. "Militia units have assembled before here in Texas. They

march in holiday parades, stage historical reinactments, and do

other useful things. This is just one more effort of the same

kind."

     When asked what might have prompted federal authorities to

try to orchestrate this kind of opposition, Roland said, "Well,

we have done several things lately that might have gotten their

attention. First, we're not just doing this locally. I put out a

call over the Internet to the entire United States to do this

kind of thing everywhere, to make Militia Day a national holiday.

Apparently, there are groups all over the country doing similar

things, independently, but in concert."

     The second thing he did that might have aroused their

attention, Roland said, was to post and email excerpts of a book

called _Votescam: The Stealing of America_, by James and Kenneth

Collier, to people and news organizations all around the world,

over the Internet. The excerpts indicate that most computerized

elections in the United States can be rigged whenever the Powers

That Be wish to do so, and that Attorney General Janet Reno

participated in the coverup of one such rigged election in

Florida.

     The third thing he did, Roland said, was to spread the word

over the Internet about a federal agent who disclosed in an

overheard conversation that the massacre of the Branch Davidians

at Mount Carmel on April 19, 1993, was intentional. "The reasons

were budgetary, according to this agent," said Roland. "The siege

was becoming too costly for them, so they decided to cut their

costs by cutting off the lives of the Davidians." Roland added,

"this source indicated, though not clearly, that federal agents

lied to Attorney General Janet Reno about the plan they intended

to carry out. The plan they presented to her was not the real

plan."

     "So the question is," Roland said, "why is she now

participating in the coverup?"

     "I have been a very bad boy", chuckled Roland. "They

probably wanted my computer to try to find out where I'm getting

my information. When they discover it's not on the computer, I

expect them to bring it back."

     Roland said that he has long been functioning as a freelance

investigative journalist, and this kind of thing is not unusual.

"It is sad," he said, "that we now live in a police state and not

in a constitutional republic. If we are going to solve our common

problems, it is going to take all of us working together. Members

of the Shadow Government can't survive unless they return to

constitutional governance and engage the people in common

action."

     "We're not trying to start a revolution," Roland concluded.

"We're trying to prevent one. The only way to do that is to make

it unnecessary. This nation can't afford a revolution. There is

too much at stake."



----------------------------------------------------------------------



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From: jdr@earth (Jon Roland)

Newsgroups: talk.politics.guns,alt.politics.libertarian,alt.politics.usa.constitution,alt.politics.reform

Subject: Prototype Militia By-Laws, Etc. (TMP11)

Date: 23 Jan 1995 11:07:38 GMT

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                    Texas Constitutional Militia

                        Bexar County, Unit 1



                             By-Laws





1. Legal Foundation



     Pursuant to the Constitution of the United States, Article

I, Section 8, and the First, Second and Ninth Amendments thereto,

and to the intent of the Framers thereof, and to the Constitution

of the State of Texas, this unit of the Texas Militia is

established, to be governed in accordance with constitutional

laws and these By-Laws.



2. Geographic Area



     The geographic area designated for this Unit shall consist

of that contiguous area defined by agreement of the members with

one another and with those of other Militia Units in the same

county. If this is the only Unit in the county, the geographic

area shall consist of the entire county. If more than one Unit is

formed in the county, the boundaries of the area for each Unit

shall ordinarily coincide with established political or

geographic subdivisions, such as city limits, precincts, or

neighborhoods.



     Except by the authority of the President or request of the

Militia of another State, the Unit shall not conduct operations

other than organizing and training outside the boundaries of the

State of Texas, and except by the authority of the Governor or

request of the Militia of another County, the Unit shall not

conduct operations other than organizing and training outside of

the boundaries of the County or immediately neighboring counties.



3. Membership



     The members of this Militia unit shall consist of the

following two classes, which together shall be referred to as the

ready militia:



     (1) Persons who are subject to militia duty under Texas

Government Code Section 431.081, as it may be amended, and not

exempt under Texas or U.S. law, and who are residents of the

County and geographic area designated for this Unit number, which

members shall be referred to as the obligatory militia.



     (2) Persons not subject to militia duty under (1) above who

are residents of the State  of Texas who volunteer to serve in

this unit except as provided in Section 8 below, which members

shall be referred to as the voluntary militia.



4. Officers



     The Unit Commander shall initially be chosen by 3/4 vote of

the members present at any call-up of the Unit, and shall serve

until the next meeting or call-up of the Unit, when he or she

shall be subject to re-election as the first order of business.



     Other officers to be elected include a Deputy Commander, a

Treasurer, and a Secretary, each of whom shall assume in that

order the duties of the Unit Commander if he or she shall be

unable to perform them. Additional officers shall be appointed by

the Unit Commander.



     The members present may also elect representatives to any

regional correspondence committees, who shall coordinate

activities of the various Militia units in the region.



5. Authority for Call-up



     The following persons may issue a call-up of the Unit, in

descending order of authority:



     (1) The President of the United States.

     (2) The Governor of the State of Texas.

     (3) An officer designated by the Governor of the State of

Texas for this Unit.

     (4) The Chief Executive, Chief Law Enforcement Officer, or

Chief Judge of the area designated for this Unit.

     (5) The Unit Commander.

     (6) An established Correspondence Committee for the area of

the Unit.

     (7) Any person offering a credible justification for the

call-up.



     Any such authority shall have command authority over the

Unit only if it calls up the Unit. Thus, if called up by a local

sheriff, the sheriff would have the default command authority and

not the Governor or the President, if they did not issue the

call-up.



6. Notices and Regular Meetings



     Notices of special meetings should normally be by public

notice in a newspaper of record or by posting notices on public

notice bulletin boards, at least ten days prior to the meeting,

except in case of emergency, in which case notice shall be by the

established rapid-alert system. Persons who contribute to the

costs shall also be notified by mail or phone if time permits.



     In addition to call-ups, the Unit shall meet at such dates,

time, and places as its members present at any meeting or call-up

shall determine by majority vote. This shall ordinarily be at

some regular place on some regular day of the week or month.



     All meetings shall be conducted in accordance with Robert's

Rules of Order, Revised.



7. Purpose of Assemblies



     The Unit shall assemble only for one or more of the

following purposes:



     (1) To organize and train.

     (2) To repel a foreign invasion.

     (3) To suppress an insurrection.

     (4) To execute constitutional laws.

     (5) To perform righteous services to the community, state,

and nation, including disaster relief and defense of persons from

crime or official abuse.



     Such purposes do not include service outside the

jurisdiction of the United States, which is the exclusive

province of the armed forces.



8. Exclusion from Participation



     Persons who otherwise qualify for membership may be excluded

from participation in activities of the Unit by the Commander or

by a 3/4 vote of the members present on one or more of the

following grounds, and none other:



     (1) A history of criminal, violent, disruptive, or impulsive

behavior.

     (2) A history of mental disorder or incapacity.

     (3) Inability to play a constructive role in the activity,

such that participation would result in reduced effectiveness of

the Unit in that activity. This may include not having suitable

equipment for the activity, such as arms.

     (4) Refusal to take or comply with the oath below.

     (5) Refusal to obey a lawful order of a superior.



     No person shall be excluded on the basis of ethnicity,

religion, national origin, political opinions, gender, or age.

However, minors shall require the written consent or presence of

a parent or guardian.



9. Oath Required of Participants



     Participants in any activity shall be required to take the

following oath:



     "I swear/affirm that I will preserve, protect, and

     defend the Earth, the Nation and its Constitution, the

     State and its Constitution, the Community, against all

     enemies, foreign or domestic; and that I will make an

     independent determination of the constitutionality and

     applicability of all laws and official acts with which

     I may become involved, without being unduly influenced

     by any officer or superior, and that I will obey or

     assist in the enforcement of those which are

     constitutional and applicable, and resist those that

     are not, regardless of personal consequences."



10. Finances



     Dues shall not be required as a condition for membership or

attendance at meetings or call-ups, but may be required, upon a

2/3 vote of members present, for individual notices or for

participation in activities that involve costs. Contributions of

funds and other things of value may be accepted provided that no

such acceptance shall create any obligation on the part of the

Unit or its members or participants. No member shall accept any

compensation for participation in any activity of the Unit, but

may accept reimbursement for expenses incurred or recompense for

losses sustained. The Unit shall not accept funding from any

organ of government or public authority except in connection with

a general call-up by an authority having power to compel

attendance. No property shall be used by the Unit without written

consent of the lawful owner or his agent. At no time will the

Unit go into debt or impose any debt on its members.



11. Regulations



     The Unit shall, by a vote of the majority of members present

and with the consent of the Unit Commander, adopt such

regulations as it deems appropriate to govern its operations.



12. Militia Discipline



     Upon assembly, all participants shall be under Militia

Discipline, which shall be applied in accordance with applicable

provisions of the Uniform Code of Military Justice.



13. Enforcement



     The Unit Commander shall be responsible for enforcing these

By-Laws and the Regulations adopted by the Unit.



14. Adoption and Amendment



     These By-Laws shall be adopted or amended by a 3/4 vote of

the members present at any call-up or meeting in which such

adoption or amendment shall be announced in the notice thereof at

least 10 days prior to the meeting.



                   Texas Constitutional Militia

                        Bexar County, Unit 1



                            Regulations



1. Rapid-alert System



     The Unit shall establish and regularly test a rapid-alert

system for getting the members to respond to emergency

situations. This system shall consist of the following elements:



     (1) An emergency deployment plan. This consists of places

and persons to report to and things to do in the event of some

emergency situation, such as a natural disaster, which members

could be expected to be made aware of by its effects and by the

regular media.

     (2) A telephone tree. Each member would have a list of

others to call, such that a few calls could activate almost

everyone reachable by phone.

     (3) A radio network. This would make use of various amateur

and CB radios, perhaps using encrypted packet methods, to notify

members in the event that the phone system is unavailable or

insecure.

     (4) Broadcast media. Co-operation from radio and TV stations

to broadcast notices should be achieved and maintained.

     (5) Neighborhood alerts. Members should be designated to

ride through neighborhoods alerting people in the area, perhaps

using a mobile PA system.



2. Arms and Ammunition



     Each participant in an armed activity shall furnish one

modern rifle or shotgun of a caliber suitable for combat

applications, and at least 50 rounds of ammunition for it. During

all assemblies such arms shall be kept unloaded at all times

except by command of the Unit Commander or if members of the Unit

fall under imminent peril.



3. Ammunition standards



     Members are encouraged to standardize on 5.56 and 7.63

ammunition for rifles, 12 guage for shotguns, and .357 magnum,

9mm, or .45 ACP for handguns.



4. Appearance and Grooming



     Each member who participates in any activity of the Unit in

a public place shall present a neat, well-groomed appearance.



5. Uniforms and Insignia



     No uniforms shall be required of members or participants.

However, on public occasions participants may be required to wear

jackets or armbands with the words "Texas Militia" or "Bexar

County Militia". The Commander may designate such insignia as he

may see fit, to be worn by those he shall designate.



6. Roll-call



     At any muster of the Unit, participants shall declare their

names, addresses, phone numbers, and arms of choice, but any roll

of participants shall be kept confidential and is to be used only

for issuing notices of meetings and other activities.



7. Co-operation with authorities



     Members will make every effort to co-operate with lawful

authorities, unless doing so would impair the ability of the

Militia to exercise its constitutional rights and perform its

constitutional duties, including the investigation of official

corruption and abuse.



8. Community defense against abuse



     All members are obliged to take immediate action to defend

any person against violation of his or her constitutional rights

from official abuse, especially the rights to keep and bear arms

and to assemble as independent constitutional militias, without

waiting for a call-up of the unit. However, any member taking

such action shall notify the other members of the Unit as soon as

possible.



                   Texas Constitutional Militia

                        Bexar County, Unit 1



                            Guidelines





1. Unit Size



     The Unit size should ordinarily be between 50 and 200

members. Larger units should normally be divided into smaller

ones, and smaller ones may be augmented by participants from

neighboring areas.



2. Avoidance of Association Status



     Every effort must be made to avoid giving the Unit the

aspect of being a voluntary association, which would be subject

to legal action as an association, something that can be avoided

if the members are considered to be all citizens of the area.



3. Questioning of Authority Issuing Call-up



     While any of several authorities may issue a call-up, this

does not automatically give such authority command over the unit,

which must be debated and voted on before commencing with any

command therefrom. Ordinarily, such orders must be obeyed unless

they are unconstitutional.



4. Avoidance of Policy Issues



     Every effort must be made to avoid allowing the Unit to act

upon, or even debate extensively, issues of social or economic

policy. The Unit may resist a tax on grounds that it is

unconsitutional, but not because the rate is too high. It must

not act on issues on which honest persons may disagree, such as

the constitutionality of abortion.



5. Avoidance of Alarming the Public



     To the extent possible, if appearing in public with arms,

the Unit should alert the public in the area to the peaceful

character of the activity, with publicity, warning signs, and

conversations with persons present.



6. Proclmations of Faith



     Many if not most members will have some kind of religious

faith that they will want to bear witness to during assemblies of

the Militia, and religious speech, like political speech, is a

valid part of the discussion that will take place in such

assemblies. However, in deference to those who are non-believers,

such expression should not be conducted in a way that would make

non-belivers feel pressured to appear to join in with a religious

observance, such as praying together in assembly, as distinct

from just listening to someone pray in the same way the members

might listen to someone speaking on any other subject. The only

"religion" that may be properly proclaimed jointly is the "civic

religion" of constitutionalism, which is the one thing all

citizens should share.



7. Safety Committee



                  A Safety Committee will normally consist of the elected officers

of the previous muster and will be the entity that calls successive

musters of the unit. It is the only membership group that has

continuing existence from one muster to the next. Those who participate

in musters must never be referred to as "the militia", since that

term must always refer to the entire citizenry of the county or other

jurisdiction.



8. Correspondence Committees



     Correspondence committees should ordinarily consist of the

commanders or secretaries of each unit in an area covered by 10-

20 units, or of representatives of lower-level correspondence

committees.



     For security reasons, member rolls should ordinarily be kept

only at the local level, and not shared with neighboring units or

with higher-level correspondence committees. However, backup

copies of member lists may be kept in escrow by neighboring units

with the consent of the unit commander, for security purposes.



----------------------------------------------------------------------



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From: jdr@earth (Jon Roland)

Newsgroups: talk.politics.guns,alt.politics.libertarian,alt.politics.usa.constitution,alt.politics.reform

Subject: Reviving the Ready Militia (TMP13)

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                   Reviving the Ready Militia



Copyright (C) 1994 Constitution Society

Permission is hereby granted to copy

with attribution for noncommercial purposes



Components of the Militia



  When asked what the Militia was, George Mason, one of the Framers

of the U.S. Constitution, said, "Who are the Militia? They consist

now of the whole people, except for a few public officers." Yet we

also see statutes like 10 USC 311, which defines it as "all able-

bodied males at least 17 years of age and, except as provided in

section 13 of title 32, under 45 years of age who are, or have made

a declaration of intention to become, citizens of the United

States." Some state statutes define it as "able-bodied males" of

different age ranges, such as 16 through 59.

  These statutes also divide the Militia into various classes, such

as "organized" or "unorganized", in the case of 10 USC 311, or

"active" and "reserve", as many states do, with "active" being

considered the National or State Guards, but not the national armed

forces.

  To understand how these definitions have arisen, one must first

understand what the Framers of the U.S. Constitution had in mind

for the new Republic they had created. They allowed for a standing

national army, but insisted that it be kept small, and although it

might be the first force to be called out, and the only force to be

sent abroad, the primary defense of the country was to be the duty

of ordinary citizens, who would be kept in a state of military

readiness while leading their normal lives, and who would be called

up to "repel invasions, suppress insurrections, or execute the

laws", for limited periods of time. At the time the Constitution

was adopted in 1789, the well-established tradition was for local

militia units to be kept in a state of readiness in each and every

community. Such units were organized and trained locally, perhaps

led by the local town or county officials, but otherwise

independent of official control when not actually called up for

service.

  When lawmakers tried to define the "militia" by statute to

consist of less than the entire body of citizens, they were

defining those citizens who would be required to be kept in a state

of readiness, as was done in the Militia Act of 1792, which

required able-bodied males age 17 through 44 to keep a "musket or

firelock". However, persons younger than 18 and older than 45

regularly responded to call-ups of the Militia and were accepted as

part of it. There were even some women who participated.

  The Framers also insisted on a distinction between the "genuine"

Militia and a "select" militia, which they viewed as a danger, just

as much a danger as a standing army. They did not want a militia

whose members might consist of anything less than the entire

people, or at least able-bodied ones in a certain age range,

because if selected on any other basis, they might be used to

oppress other parts of the population.

  Actually, George Mason provided the best definition. It only

needs to be broken out into various classes, representing the order

in which persons would be called out for military service.

Qualifications like "able-bodied" or "male" or "age 18-44" only

establish who would be first called to service, with the

expectation that they would be adequate for almost any situation,

but it allows for calling up other persons if needed.

  This suggests a hierarchy of classes:



  (1) National Army.

     (1) Full-time. Army, Navy, Air Force, Marines, Coast Guard.

     (2) Part-time. Reserves, National Guard.



  (2) State and Local Select Militia. But these are not "general"

militias. They are paid and equipped by the State or by local

governments.

     (1) Full-time. State and local law enforcement officers.

     (2) Part-time. State Guard.



  (3) Obligatory Militia. Able-bodied male citizens of a certain

age range, who are required to be kept organized and trained, but

at their own expense. Age range is 18-44 for federal purposes, but

states may establish other age ranges.



  (4) Volunteer Militia. Citizens not part of obligatory militia

who voluntarily participate in activities of the obligatory

militia, again at their own expense.



  (5) Ready Militia. The combination of (3) and (4) above, who

would be called up after the armed forces and the regular militia,

but who are also those likely to be first on the scene in emergency

situations. It is not a "select"" militia.



  (6) Reserve Militia. All other citizens, including children, the

elderly, the less-able, and women, and perhaps foreign visitors as

well, who might be called up after the ready militia, if needed.



  What is missing from the current picture is the ready militia.

Most states now lump it in with what we are here calling the

reserve militia, and in fact often call it that. The ready militia

is what the Framers meant when they used the term "militia". It is

also what the Swiss mean by the term, and it was the Swiss model

that the Framers had in mind for the United States. The ready

militia was to serve as a counterbalance to the armed forces and

regular state (select) militias.

  It should be noted that the obligatory militia is usually defined

to exempt certain public officials, and perhaps persons with

certain occupations, whose usual duties are considered essential.

  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.



Militias are local and independent



  Often heard are arguments about whether militias are state or

national, but the militia, like citizenship, is fundamentally

local. We are first and foremost citizens of our local community.

The word "citizen" has the same root as the word "city". Although
people may also be concurrently citizens of larger political

entities, such as states or the nation, and although those entities

may be considered to be composed of their citizens, they are

essentially composed of localities, and it is the local community

that is the basis for the social contract, although it may be

considered to include a certain amount of surrounding territory.

Today we would usually identify the locality with the county.

  Just as militias are essentially local, so also are they

essentially independent of established authorities, since the

militia may have to challenge or bypass those authorities if they

abuse their authority or fail to perform their lawful duties.

  The legal basis for assemblies of militias are two natural

rights: the right to assemble and the right to keep and bear arms.

Combined, they are the right to assemble bearing arms. The Framers

considered it obvious that rights which could be exercised

separately could be exercised in combination, and would have

thought present attempts to outlaw independent assemblies of

militia units as absurd. The term "well-regulated" used in the

Second Amendment to the U.S. Constitution did not mean "regulated

by some official". It meant "well-trained and disciplined". A

militia can and should be self-regulated.

  The U.S. Constitution, in Article I Section 8, does provide for

States to organize and train their militias according to standards

established by the U.S. Congress, and to appoint the officers, but

it was not the intention of that clause to authorize states to

forbid local organization and training of militia units, but to

require that they be organized and trained. If the state fails to

do so, people have not only the right but the duty to organize and

train themselves locally, using their own arms. Just as they have

the right and duty, failing action on the state level, to conduct

elections, enforce the laws, establish courts, and so forth.

  Of course, a militia unit that is not called up by any official,

but by its own members, does not have the authority to compel

participation through some kind of sanction, such as the imposition

of a fine. Therefore it will be composed of volunteers, who may not

represent a cross-section of the general population. In this

situation, the militia members must make a special effort to avoid

having the militia unit take on the attributes of a private

association, such as by always calling up the militia using public

notices, and allowing any responsible citizen to participate. It

must also avoid any suggestion of partisan or sectarian bias, and

limit itself to constitutional actions.

  To do this, a militia unit should always refer to itself as the

"[state/county] militia" and not adopt a name that would suggest

some kind of private association, something that would expose its

members to legal action against it as a legal "person" or as a

"conspiracy". There can't be a conspiracy of the entire population

of an area, and a court can't serve the entire population with

process, even if not all of them are present at meetings.



Organizing strategy



  Militia units of 50-200 members should be organized at the local

level, by going house by house, covering entire neighborhoods,

towns, and counties.

  This will initially be easier to do in rural areas, where people

are already more receptive to the patriotic message. In urban

areas, it may work better to start by organizing "neighborhood

associations", then educating the members gradually until it can be

converted into a self-conscious militia unit.

  Co-ordination among local units should be done using

correspondence committees, which is the traditional method. These

committees do not attempt to act as regional,, state, or national

organizations, but only to facilitate communications among local

units, the sharing of literature, and the building of a consensus

for action.

  Some units might try to publish newsletters or other documents,

but in most cases, it will be better to publish through established

magazines and various alternative media, and distribute extra

copies. Members may agree to subscribe to media that co-operate in

publishing supporting materials.



Dealing with official resistance



  For some time now the Establishment has discouraged the formation

of armed groups, including independent constitutional militias.

They don't want the "unorganized" militia to become organized.

Besides legal and illegal harassment, militia leaders must prepare

participants to deal with attempts to infiltrate militia units.

This can take three main forms:

  Moles. Agents who pretend to be trustworthy but who are mainly

focused on obtaining information about militia members and their

activities.

  Provocators. Agents who pretend to be responsible members, then,

when least expected, do something which seeks to discredit the

militia and perhaps provoke official action against it.

  Dissipators. Agents who pretend commitment until they can assume

positions of influence within the group, then use it to divert them

into ineffective or unproductive activities, such as endless

debate, socializing, and divisive disputes, or to reduce morale and

resolve.

  The best protection against infiltration is to teach members to

be vigilant to it and to have a large number of small units and

many leaders, none of whom is critical. There should be little or

no leadership on the state or national level, other than a network

of correspondence committees that facilitate communications.

  It is also important to try to establish good relations with

local and state officials, to the extent possible. Work with them

to help them solve the problems of the community, and encourage

them to ask the militia to assist them. Resistance from such

officials should be countered by getting better ones elected or

appointed.



Subjects for action



  One of the most important subjects for action by local militia

units is investigation of election fraud and other kinds of

official corruption. It will do little good to try to elect better

officials if elections are rigged, and if they are, the militia may

become the only way for citizens to secure their rights. If such

fraud is found, it will also help to build public support for

further militia action and for greater participation.

  Another key subject is to inform citizens of their right and

duty, when serving as jurors in cases in which the government is a

party, to judge the law and not just the facts in the case. No

matter how despicable the defendant in a criminal case or how

heinous the offense, the jury must find the defendant not guilty if

the law under which he is charged is unconstitutional or

misapplied. It is unconstitutional if it violates a constitutional

right, is not based on a power delegated to government, or is so

vague that honest people may disagree on how to obey or enforce it.

It is misapplied if it is applied to acts outside its proper

jurisdiction, such as a federal criminal law applied to acts

committed on state territory, or to acts not intended to be

included by the lawmakers.

  One of the most important subjects for action will be to

establish an alert system for warning of abuses of citizens by

organs of the government, and mobilizing to defend them. It must be

emphasized that it is not enough for citizens to defend their

rights in isolation. Only if they band together can their rights be

protected.

  Education in constitutional law must also be a priority. Every

citizen must be trained to interpret the constitutionality of laws

and official acts, and taught that doing so is the responsibility

of each individual, that it cannot be delegated to others, such as

judges or superiors. That is the Lesson of Nuremberg. Special

attention needs to be given to educating lawyers, judges,

officials, and college and high school students. Militia members

need to make sure that every public library contains suitable books

and magazines that provide education on these subjects.



References:



  Morgan Norval, ed., The Militia in 20th Century America: A

Symposium, 1985, available from Gun Owners Foundation, 5881

Leesburg Pike, Falls Church, VA 22041.

  Stephen P. Halbrook, That Every Man Be Armed, 1984, available

from the Independent Institute, 134 98th Ave, Oakland, CA 94603.

  James M. & Kenneth F. Collier, Votescam: The Stealing of America,

1992, available from Victoria House Press, 67 Wall St #2411, New

York, NY 10005.



----------------------------------------------------------------------



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From: jdr@earth (Jon Roland)

Newsgroups: talk.politics.guns,alt.politics.libertarian,alt.politics.usa.constitution,alt.politics.reform

Subject: The Shadow Government (TMP14)

Date: 23 Jan 1995 11:12:51 GMT

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                    The Shadow Government



Copyright (C) 1994 Constitution Society. Permission is hereby

granted to copy for noncommercial use.



Secret Rule



     It is becoming increasingly apparent to American citizens

that government is no longer being conducted in accordance with

the U.S. Constitution, or, within states, according to state

constitutions. While people have recognized for more than 150

years that the rich and powerful often corrupt individual

officials, or exert undue influence to get legislation passed

that favors their interests, most Americans still cling to the

naive belief that such corruption is exceptional, and that most

of the institutions of society, the courts, the press, and law

enforcement agencies, still largely comply with the Constitution

and the law in important matters. They expect that these

corrupting forces are disunited and in competition with one

another, so that they tend to balance one another.

     Mounting evidence makes it clear that the situation is far

worse than most people think, that during the last several

decades the U.S. Constitution has been effectively overthrown,

and that it is now observed only as a facade to deceive and

placate the masses. What has replaced it is what many call the

Shadow Government. It still, for the most part, operates in

secret, because its control is not secure. The exposure of this

regime and its operations must now become a primary duty of

citizens who still believe in the Rule of Law and in the freedoms

which this country is supposed to represent.[1]



Transition to Oligarchy



     It is difficult to identify a single date or event that

marks the overthrow, but we can identify some critical steps.

     The first was the Dick Act of 1903, which repealed the

Militia Act of 1792 and tried to relegate the Constitutional

Militia to the National Guard, under control of what is now the

U.S. Defense Department. The second was the Federal Reserve Act,

which established a central bank only nominally under the control

of the government.

     Further erosion of constitutional governance was motivated

by several challenges which the powerful felt required them to

put aside their differences and unite. The first was the Great

Depression of 1933-1941. The second was World War II and the

threat from fascism, followed by the Cold War and the threat from

Soviet imperialism and from communism.

     The third defies credibility, but cannot be avoided. UFOs

and aliens. Despite the lack of hard evidence accessible to

ordinary citizens, there is enough testimonial evidence to compel

a reasonable person to conclude three things: UFOs exist, they

are intelligently directed, and they are not ours.[2] Even if

that were all that the government knew about them, minds already

paranoid from the Cold War could hardly help but perceive such

things as a significant potential threat, one that required

secrecy, preparation, and disregard for provisions of a

Constitution that were inconvenient. There are, however, enough

leaks from government officials to indicate that the government

knows a great deal about them that it is concealing from the

public.

     The fourth is the eco-crisis, which combines both the

ecological and economic crises. Many leaders have recognized for

a long time that we are headed for disaster, not a kind of

cyclical downturn like the Great Depression, but an irreversible

decline brought about by a combination of resource depletion,

environmental degradation, and overpopulation, playing out in an

anarchic international system of disparate nation-states,

national currencies, national banks, and multinational

corporations, exacerbated by traditional tribal rivalries, class

conflict, and different languages and religions.[3]

     Confronted with the political fact that to deal with the

problems faced in the last half of the 20th century, it was

difficult enough to pass legislation thought to be needed,

without having to also adopt the amendments to the U.S.

Constitution necessary to make such legislation constitutional,

it became too easy to just adopt more and more legislation

without worrying about its constitutionality, and depend on

compliant officials and judges to go along with it, which for the

most part, they have done. This was facilitated by the lack of

sufficiently strong protests from the people, many of whom,

ignorant of constitutional rights and limitations on governmental

powers, and focused on the problems to be solved, supported much

of the legislation.[4]

     We can also identify several insidious developments which

seemed necessary and harmless at the time, but which led to the

present situation. One was the rise of military and civilian

intelligence organs during World War II. The need to prevent

leaks of military secrets brought a censorship apparatus that

gained substantial control over the flow of information through

the press, the broadcast media, telephonic and telegraphic

communications, and the mail. However, instead of dismantling

that apparatus when the war was over, we immediately transitioned

to the Cold War, and the information control apparatus only went

underground and became somewhat less obtrusive. This led to the

present situation in which the intelligence apparatus maintains

effective control over the major media, can tap anyone's phone

without a court order, reads people's mail, monitors their

finances, and gathers information on citizens and their

activities that threatens their privacy and liberties.

     1947 was a critical year. It was the year in which UFOs

became a matter of public concern, and in which it appears we

recovered at least one crashed vehicle and perhaps at least one

of its occupants. It is also the year that the Central

Intelligence Agency (CIA) was established, ostensibly to bring

together the disparate intelligence agencies that had often been

operating at cross-purposes. It was also the beginning of the use

of "black budgets" for government programs, the existence of

which was kept secret from both the public and most if not all

members of Congress. This led later to the establishment of more

agencies, such as the National Security Agency, whose entire

budget was black, thus preventing effective oversight.

     The situation had evolved to the extent that, at the end of

President Eisenhower's second term, he warned in a speech of the

potential danger to our freedoms from a "military-industrial

complex". In fact, by that time, it had become a "intelligence-

military-industrial-financial-political-media-criminal" complex,

which reached into almost every institution in this country, and

into many around the world.

     What had developed was beginning to look more and more like

the system of political control that prevailed in the Soviet

Union, in which real decisions of government were made not by the

official organs of government, but by the parallel structure of

the Communist Party, backed by the KGB. In competing with the

Soviets, we had taken on their methods and attributes of

political control.

     But this apparatus did not seem to function as an effective

Shadow Government, able to make and enforce decisions apart from

the official government, until it came together to assassinate

President John F. Kennedy. That was the watershed event. After

that, too many people had too much to hide to allow the situation

to return to governance as usual.

     Since then, the Shadow Government has grown and tried to

strengthen its grip on every sector of the society, motivated in

part by honest concern about the very real threats we have faced,

and in part by venality and greed, which brought increasing

corruption and the effective incorporation of organized crime

into the mainstream of government.

     It appears that 1963 is also the year in which the

Establishment Media sector of the Shadow Government was given

effective control over computerized voting in the United States,

through its National Election Service, as part of a deal in which

they went along with the coverup of the Kennedy Assassination

through the Warren Commission. While campaign money continued to

buy influence over elected officials, if it was not sufficient,

the Shadow Government had other options. It put officials in

compromising situations, then used its evidence to blackmail them

into compliance. Failing that, it could easily select the winner

of any election, and suppress the support which third-party

candidates might attain.



Structure and Decisionmaking



     A key question about the Shadow Government is how does it

make decisions and carry them out. Where is the center? Some

think it lies in a few major financial institutions. Others that

it lies in the intelligence apparatus. Still others that it has

no permanent center, but operates by consensus, with shifting

factions that confer through various mechanisms. Some think that

those mechanisms are reflected in public associations such as the

Council on Foreign Relations (CFR), the Tri-lateral Commission,

the Bilderbergers, the Federal Reserve, the World Bank, or the

International Monetary Fund.[5]

     That the key personalities in every major institution should

associate and confer through various associations is not in

itself a matter of concern, if all that was involved was the

development of a consensus. But there is evidence that a

centralized decisionmaking process exists, because too much is

done that could not otherwise occur, and that the process is

contemptuous of the Constitution and increasingly willing to

violate it. That suggests a permanent apparatus, a bureaucracy,

and that points to the intelligence and financial bureaucracies.

Therefore, the real decisions may be made not by public figures,

but by faceless persons operating in secret.

     Most available evidence indicates that the center is in the

intelligence apparatus, and that it largely controls all the

other components of the system, including the financial. However,

it also appears that the control is imperfect, subject to

resistance if it tries to go too far.

     It also appears that there are some distinct factions

involved, the two major contenders being those more highly

motivated persons concerned about meeting the challenges we face,

the other being the more corrupt ones trying to expand their

power and wealth. The alliance between these factions appears to

be increasingly strained as growing corruption begins to impair

the effectiveness of the institutions of society to meet the

perceived challenges.

     An analogy might be to a sinking ship, in which some want to

build and equip lifeboats and others who want to make sure they

are the ones who get to go in them. Each needs the other, for the

time being, but the latter are beginning to threaten the

production and seaworthiness of the lifeboats.

     What we have is in many ways a classic oligarchy, with

multiple components in an uneasy alliance with one another. No

one individual is paramount, and anyone can be replaced if he

gets too far out of line, by some combination of the others, each

of whom derives his power from the institutions and assets under

his influence.

     Of course, the ones who get trampled under this regime are

the ordinary people, who receive just enough under the deal to

keep them quiet. The Powers That Be fear above all that the

people might rise up and overthrow them, something that the

people could still do if they could ever act in concert. Social

control therefore becomes a matter of keeping them placated,

divided, and misinformed.

     Unfortunately for their scheme, they face the same problem

the Roman Empire did. To keep the people placated, they are

forced to pay them off, and meet increasing demands for such

payoffs, while growth of the productive sector falters, or even

shrinks relative to the population. Economic growth and the

solutions to our social problems are being impaired by the

depredations of the corrupt elements of the Shadow Government,

who are concentrating assets in a way and at a rate that threaten

the viability of the economy. The Romans solved the problem of

keeping their citizens supplied with bread and circuses by

predation of outlying provinces. Modern capitalist nations tried

the same thing, but that imperial order is breaking down, and the

only thing left is economic growth. If that growth falters, the

welfare state fails, and with it the social stability on which

the Established Order depends.



Shadow Finance



     Some of the best indications that the Shadow Government is

not centered in the financial sector are the things it has to do

to finance itself. Shadow Government is expensive. We can

identify the main sources of its revenue:

     (1) Black budgets. This is the core of its operations, but

is not enough to secure its control over the country and the

world.

     (2) Drug trade. It has seized control of the major part of

the illegal traffic in addictive substances, in part by using the

organs of law enforcement to eliminate competition, and by

gaining control of the money and the ways it gets re-introduced

into the economy.

     (3) Raiding financial institutions. This is what was done

with the S&Ls, and is being done, more slowly, with the banks. It

involves several aspects: diversion of the funds, seizure of

smaller institutions by a few large ones under Shadow Government

control, with the seizure financed by the taxpayers, and

acquisition under distressed prices of the assets of those

institutions, many of which are well-positioned business

enterprises that give the Shadow Government both control of the

key enterprises in most business sectors and sources of revenue.

The Savings & Loan raid was used to finance a major expansion of

the Shadow Government. However, it is not a method that can be

repeated.

     (4) Public authorities. These are quasi-governmental

enterprises that control substantial assets, often

taxpayer-subsidized, without effective accountability. They

include housing, port, energy, water, transportation, and

educational authorities.[6] To this might also be added various

utilities, and both public and publicly-regulated private

monopolies, like local telephone and cable companies. They are

also a major source of government contracts.

     (5) Government contracts. Major source of diverted funds,

but must often be shared with others involved.

     (6) Arms trade. Another major source of funds, both direct

and diverted. But requires payoffs to local officials.



Shadow Control



     The problem with secret government is that to remain secret,

it cannot involve too many people who are aware of the situation.

The more that become involved, the greater the chance that some

of them who retain some sense of honor might defect. An

occasional defector can be disabled, killed or discredited, but a

flood of them could be disastrous. That is what brought down the

Bolshevik regime in the Soviet Union.

     Shadow control therefore consists largely of the placement

of shadow agents in key positions in all of the institutions that

are to be controlled. Since they cannot reveal their true role,

they are also somewhat constrained in the actions they can take.

What they do has to fit their jobs and not conflict in an obvious

way with the mission of the organization, even if they head it.

Some of the main targeted institutions are the following:

     (1) Top and key lower positions in the executive,

legislative, and judicial branches. Key judges, especially

presiding judges who assign cases.

     (2) Staff positions under the top positions, such as the

congressional staff members who really run Congress.

     (3) Intelligence agencies. The CIA[7], NSA and various

military intelligence divisions. Among their functions are death

squads that eliminate troublesome persons, although they usually

avoid doing that to more prominent ones. They also have developed

mind control techniques that can be used to mess up the minds of

people they want to discredit or disable.[8] Actually, almost

every department of government has an intelligence function, and

that function is the Shadow Government's main point of control of

the department.

     (4) Military organizations, law enforcement, and taxing

agencies, especially the IRS. Not only federal, but also state

and local, at least in the major cities. The IRS and other

agencies are used to harass persons considered troublesome, and

sometimes to prosecute them on trumped up charges, in which

evidence is planted or manufactured and government witnesses

perjure themselves.

     (5) Major banks, insurance companies, pension funds, holding

companies, utilities, public authorities, contractors,

manufacturers, distributors, transport firms, security services,

credit reporting services. Forbidden by law from maintaining

dossiers on citizens not the subject of criminal investigation,

the agencies get around the restriction by using contractors to

maintain the data for them, and have amazingly detailed data on

almost everyone. When you hire one of the major security

services, you are turning over the keys to your premises to the

shadow government.

     (6) Major media. Newspapers, magazines, television and radio

stations. Together, they control the National Election Service,

which in turn controls the outcome of computerized elections.[9]

They suppress coverage of certain subjects, and are the channel

for the Shadow Government's propaganda and disinformation

campaigns. A major part of the budget of the CIA is for film and

video production. They aren't making training films.

     (7) Communications networks. Telephone, telegraph, cable and

satellite. The Shadow Government can bug any communication they

wish, without bothering with a court order, and they regularly

monitor dissidents and other key figures. Major holes in their

control here are the Internet and public-key encryption, which

the Shadow Government is trying to suppress. Although the

Internet can be monitored, it cannot be effectively controlled,

and it is emerging as a major threat to Shadow control.

     (8) Organized crime. Despite occasional convictions, they

are now mostly treated as a profit center and as the executors of

the dirty jobs. They are also the providers of vices for the

corrupt members of government, which vices are also used to

blackmail and control people.

     (9) Education. Universities and public education.

Universities are the least effectively controlled components, but

still important, largely for recruitment. Main aim here is to

divert student activists into unproductive channels, or to get

students so involved in careerism that they ignore the important

issues.

     (10) Civic, political, and labor organizations. The two

major political parties. Political action committees. League of

Women Voters. Trade and professional associations, such as the

American Bar Association and the American Medical Association.

Labor unions.

     (11) International organizations. The United Nations, NATO,

the IMF. Multinational corporations.

     (12) Governmental and nongovernmental institutions of other

countries. We are doing many of the same things there that are

being done in the United States, especially in the more advanced

countries.



Concentration of Power



     A major aim of Shadow Government control has been to bring

most of the assets and revenues of the economy under the control

of fewer and fewer people. Part of this is causing the failure of

smaller organizations and the absorption of them by a few large

chains. This is being done with banks and other financial

institutions, newspapers and magazines, television and radio

stations, agriculture and mining producers, distributors and

retailers, computer manufacturers, energy and chemical companies,

medical providers, and pharmaceutical companies. Anti-trust

enforcement has been weak, used only in a few sectors, and then

only after major concentrations of economic power has already

been achieved.

     The process goes beyond normal tendencies toward monopoly or

restraint of trade, or the economies of scale that support the

old adage that "the rich get richer". It is an attempt to

consolidate political control. The result has been for a smaller

and smaller proportion of the population to control a larger and

larger proportion of the assets and revenues of the economy,

while the middle class shrinks. We are moving away from the

original model of the universal middle class, and toward a

third-world model of a small upper class and a large poor class,

with a small middle class that mainly serve as minions of the

rich.



The Shadow Plan



     The Shadow Government appears to be operating according to

some plan. Many commentators have dubbed this plan the "New World

Order", suggested by the use of that phrase in a speech by George

Bush, referring to the state of affairs following the end of the

Cold War. Actually, that phrase goes back to the beginning of the

Republic, and appears on the Great Seal of the United States as

the motto, Novus Ordo Seclorum. What the Shadow Government itself

calls the plan is uncertain, however, some of its elements are

now emerging.

     One element is the disarming of the people.[10] There are

serious plans and preparations for a general warrantless sweep of

every location in the country to confiscate weapons. Information

about these plans comes from military and intelligence personnel

who are involved in preparing to carry them out. Such an action

would mean seizing more than 300 million firearms from more than

70 million citizens. Obviously, after such a sweep there would be

so much public outrage that there could not be another election.

Therefore, it would also be the formal overthrow of the

Constitution.

     There are indications that after things settled down, the

Shadow Government would allow the establishment of a

parliamentary system that would provide a facade of democracy,

just as it does in other countries that have such a system,

without effective limits on the powers of government, where

"rights" endure only as long as there is a sufficiently strong

constituency that defends them. Such a system is not a republican

form of government, based on the Rule of Law, or a representative

democracy, but merely a tool for control by an oligarchy.

     There is also suspicious circumstantial evidence that part

of the plan is the release of diseases, of which HIV/AIDS is one,

to reduce the world population, selectively.

     A key part of the plan seems to involve the development and

use of mind control technologies, both electronic and chemical,

which allow the elite to disable or discredit dissidents and keep

the people compliant and productive. The experimentation that has

been done on this is one of the great coverups and abuses of

human rights of our time, far exceeding that of the radiation

experiments that are now coming to light.[11]



Restoring Constitutional Governance



     The restoration of constitutional governance  need not

require a violent revolution, and we should avoid violence if

possible. It can be brought about in much the way it happened in

the Soviet Union. This involves several elements:

     (1) Exposure ("glasnost"). The Shadow Government, even more

than the old Soviet regime, depends on secrecy. Uncover it and it

loses most of its power. We need to end black budgets, require

the declassification of most classified documents, especially

those pertaining to UFOs and aliens, and adopt and enforce

sunshine laws to require full disclosure of not just meetings and

agreements among officials, but also among major organizations of

all kinds which may exercise an undue influence on political

decisions. We must also require independent audits of all such

organizations.

     (2) Restructuring ("perestroika"). We need to enforce

strengthened anti-trust laws to break up large enterprises into

many competing firms, not just two or three, and forbid

interlocking directorates, beginning with the broadcast media and

the press. Intelligence and law enforcement agencies need to be

broken up into several competing ones, which can serve as

effective checks on abuses by one another.

     (2) Infiltration and defection. We need to get patriots

inside key organizations and encourage insiders to become

patriots. The most important are military and law enforcement

organizations, whose members must be conditioned to come over to

the side of the people if there is a confrontation. We must also

provide effective protection for whistleblowers.

     (3) Harassment. Lawsuits. Liens. Freedom of Information Act

requests. Surveillance of principals. Local prosecution of

federal agents.

     (4) Local organization and publicity. Revive the

constitutional Militia on the Swiss model[12], set up independent

investigation teams, alternative newspapers, talk radio, alert

networks. We need to inform the public on what is happening, and

to reach those who now are all too willing to trust the

government to protect them.

     (5) Civil disobedience and nonviolent resistance. Protest

demonstrations. Tax protests. Defiance of unconstitutional laws.

Refusal of juries to convict.[13]

     (6) Armed resistance. This must involve non-provocative, but

firm, defense of persons from illegal abuses, and exclusion of

illegal governmental actions from local areas, county by county,

state by state, with insistence on constitutional compliance.

     (7) Transition plan. The oligarchy cannot be expected to

come up with a plan for an orderly return to constitutional

governance. The process must be conducted carefully, to avoid a

disastrous collapse.[14] We will need some constitutional

amendments, to make legal some of the things the national

government can do best. The government needs to end budget

deficits and acquire the stock of the Federal Reserve.[15]



Conclusion



     The myth is that World War II ended with the defeat of

fascism, but what really happened is that fascism got a grip on

those fighting it, and is becoming increasingly pervasive and

powerful. As it grows, it will induce a reaction, the outcome of

which will be a final confrontation. We can all hope that the

confrontation will not be a bloody one, and that it will be

resolved while we still have time to solve our other pressing

problems.



[1] See Reed & Cummings, Compromised: Clinton, Bush and the CIA,

1994, Shapolsky Publishers Inc, 136 W 22nd St, New York, NY

10011, 212/633-2022. Also see Bartlett & Steele, America: What

Went Wrong?, 1992, Andrews & McMeel, 4900 Main St, Kansas City,

MO 64112; and Walter Karp, Liberty Under Siege, New York:

Franklin Square, 1993.

[2] See Timothy Good, Above Top Secret: The Worldwide UFO

Cover-up, New York: W. Morrow, 1988;  Alien Contact: Top-Secret

UFO Files Revealed, New York: W. Morrow, 1993.

[3] For a fairly comprehensive treatment of such views, see

Albert Gore, Jr., Earth in the Balance, New York:

Houghton-Mifflin, 1992. Also see Paul Ehrlich, Population/

Resources/ Environment, San Francisco: Freeman, 1972.

[4] For one treatment of American history that goes into this,

see Clarence B. Carson, Basic American Government, 1993, American

Textbook Committee, Route 1, Box 13, Wadley, AL 36276.

[5] There is abundant literature on this theme, most of it

lacking hard evidence. An example is Gary H. Kah, Enroute to

Global Occupation, 1992, Huntington House Publishers, POB 53788,

Lafayette, LA 70505.

[6] One author has identified such public authorities as the

Shadow Government, but it seems more likely that they are just a

part of it. See Donald Axelrod, Shadow Government: the hidden

world of public authorities and how they control $1 trillion

dollars of your money, New York: Wiley, 1992.

[7] For a couple of sanitized depictions of this agency, see Loch

K. Johnson, America's Secret Power: the CIA in a democratic

society, New York: Oxford, 1989; Rhodri Jeffreys-Jones, The CIA

and American Democracy, New Haven: Yale, 1989.

[8] This is discussed in a paper by Martin Cannon, The

Controllers: A New Hypothesis of

Alien Abductions, 1990, 8211 Owensmouth Av #206, Canoga Park, CA

91304. $6.00.

[9] This is documented in Collier & Collier, Votescam: the

Stealing of America, 1992, Victoria House Press, 67 Wall St

#2411, New York, NY 10005. $10.00.

[10] One discussion of this is William R. Tonso, The Gun Culture

and its Enemies, 1990, Second Amendment Foundation, James Madison

Building, 12500 N.E. Tenth Place, Bellevue, WA 98005.

[11] This is documented in a paper by Julianne McKinney,

Microwave Harassment & Mind-Control Experimentation, Electronic

Surveillance Project, Association of National Security Alumni, PO

Box 13625, Silver Spring, MD 20911-3625, 301/608-0143. $5.00.

[12] For a general discussion of this, see Morgan Norval, The

Militia in 20th Century America: A Symposium, 1985, Gun Owners

Foundation, 5881 Leesburg Pike, Falls Church, VA 22041. Also see

Stephen P. Halbrook, That Every Man Be Armed, 1984, Independent

Institute, 134 98th Av, Oakland, CA 94603.

[13] For a comprehensive treatment of constitutional history and

law, see Bernard Schwartz, The Roots of the Bill of Rights, New

York: Chelsea House, 1980.

[14] The ways this might occur are discussed in Joseph A.

Taintes, The Collapse of Complex Societies, New York: Cambridge,

1988.

[15] For some views on needed reforms, see Martin Gross, A Call

for Revolution, New York: Ballantine, 1993.





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Newsgroups: talk.politics.guns,alt.politics.libertarian,alt.politics.usa.constitution,alt.politics.reform

Subject: Militia Agenda (checklist) (TMP15)

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Militia Agenda



The following are some items that should be a part of the program of

independent local militia units.



Legal and Financial

[] Charter for state correspondence committee

[] By-laws for local militia unit

[] Regulations and guidelines for local unit

[] Copies of applicable laws and court cases

[] Brief on applicable laws

[] Assumed/fictitious name filing

[] Bank account



Facilities

[] Regular meeting site, at a shooting range

[] Office with address and phone

[] Site on public property for demonstrations

[] A computer with database and word processor

[] Printing, copying and fax equipment

[] Internet access for email and news



Activities

[] Newsletter

[] Telephone tree

[] Ham or CB radio alert network

[] Regular meetings

[] Organizing units in other areas

[] Investigating official corruption

[] Investigating election fraud



Information and Publicity

[] Mailing lists of supporters

[] Press lists, fax numbers, email addresses

[] Press releases on all major events

[] Handouts, brochures

[] Lists of relevant organizations, persons

[] Subscriptions to relevant magazines, newspapers

[] Placement of supporters in key media



Security

[] Key personnel

[] Likely targets for abuse

[] Offices and equipment, computers

[] Information, PGP encryption

[] Firearms

[] Infiltration of key government organizations

[] Infiltration of opposing private organizations



Training

[] Combat shooting

[] Unit combat training

[] Home and community defense

[] Disaster prevention and recovery

[] Safe use and storage of weapons

[] Weapons laws

[] Constitutional law and history

[] Jury rights and duties

[] Organizing local militia units

[] Assistance to law enforcement

[] Crime prevention

[] Citizen arrest powers and procedures

[] Resistance to illegal authority

[] Field medicine

[] Neighborhood patrols

[] Neighborhood alert systems and communications

[] Working with troubled youth

[] Investigating crime

[] Uncovering official corruption and election fraud

[] Military drill and manual of arms

[] March music

[] Militia history

[] Electronics and communications

[] Surveillance technology

[] Public information

[] CPR and first aid

[] Improvised munitions

[] Ballistics



Contact to be maintained

[] Military organizations

[] National and State Guard

[] State elected officials

[] State Police

[] County elected officials

[] County Sheriff

[] City elected officials

[] City Police

[] Police Reserve



Neighborhood Organization

[] Neighborhood militia or association

[] Home and vehicle security systems

[] Alert systems

[] Defense plans

[] Surveillance and patrols



Extras needed

[] Portable public address system with batteries

[] Musical instruments suitable for marching

[] Video cameras with extra batteries and tapes

[] Signs and signmaking materials

[] Banners

[] Voting precinct maps

[] Portable CB radios

[] Ham radio equipment

[] Portable computers

[] Sample election materials



Things to read

[] U.S. and State Constitutions

[] Halbrook: That Every Man Be Armed

[] Norval: The Militia in the 20th Century

[] Collier & Collier: Votescam

[] Ayoob: The Truth About Self-Protection, In the Gravest Extreme,

StressFire

[] Gottlieb: The Rights of Gun Owners

[] U.S. Army Manual of Drill and Manual of Arms



Milestones

[] Muster with arms on public property inside major area city

[] Get key local officials to speak at unit meetings

[] Get key state officials to speak at unit meetings

[] Get congressmen to speak at unit meetings

[] Get area congressmen to commit to militia cause

[] Celebrate Militia Day each April 19

[] March militia units in area July 4 parades

[] Fully-informed jury laws, state and federal

[] Replace area voting machines with paper ballots

[] Get area newspapers of record to accept militia callup notices

[] Get local TV coverage of militia musters

[] Get local city or county officials to call up militia for organization

and training

[] Conduct campaign tour across country

[] Get active militia units in every county in state

[] Get active militia units in every state

[] Establish statewide alert network

[] Establish nationwide alert network

[] Form National Militia Association

[] Hold National Militia Conference

[] Pass State concealed carry permit law

[] Repeal State weapons control laws

[] Repeal Federal weapons control laws

[] Repeal unconstitutional Federal criminal laws

[] Pass Federal, State Militia Acts to set up Swiss-style militia system

[] Establish Swiss-style militia systems in other countries around the

world







For information contact:



Constitution Society, 6900 San Pedro #147-230, San Antonio, TX 78216,

210/224-2868



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Subject: Militia Q&A (TMP19)

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Militia Q&A



Copyright (c) 1994 Constitution Society. Permission is granted to

copy with attribution for noncommercial purposes.



Q: What is the Militia?



A: It was best defined by George Mason, one of the Framers of the

U.S. Constitution, who said, "Who are the Militia? They consist

now of the whole people, except for a few public officers."



Q: If they're the whole people, why do we need a special word

like "militia" to refer to them?



A: The Militia is the people in a certain capacity, as defenders of

the community and enforcers of the law. In that capacity, they are

expected to have and use the tools needed to perform that role:

personal weapons, and particularly firearms.



Q: Isn't that what we have the military and police for?



A: Yes, we do hire some of us to perform these duties on a full-

time, paid basis. But that does not relieve us of the power or the

duty to perform those duties when the situation calls for it.



Q: Power? Don't the military and police have powers ordinary

civilians don't have?



A: Yes, the police have special powers to enforce certain

regulations, like traffic regulations, that civilians don't have. And

the military can engage in combat operations on foreign soil

representing the United States. But all citizens have general powers

to repel invasions, suppress insurrections, and enforce the laws, the

three duties of the Militia, just like the military and police. They

just don't do it on a full-time, paid basis.



Q: Come on. If I tried to go out and enforce some law,

wouldn't I be subject to arrest for something? Like

impersonating an officer, or maybe obstructing justice?



A: Not if you only tried to enforce the laws that civilians have the

power to enforce, which are laws against felonies and more serious

misdemeanors, and didn't misrepresent yourself as an officer, who

outranks most civilians, and who therefore is authorized to issue

orders to civilians in situations where he is present and is himself

acting in accordance with law. As for obstructing justice, anyone,

including a law enforcement officer, can do that. Everyone

involved is expected to cooperate with one another in enforcing the

law and not jeopardize one another's legitimate efforts. That applies

to everybody, officers and civilians alike. When there is

disagreement about how best to do that, the dispute is ordinarily

resolved by deferring to the officer with the highest rank, but he

may be out of line. Ultimately, it is up to the courts to decide who

is obstructing whom.



Q: So don't federal law enforcement officials outrank state

officials, who outrank local?



A: No, each can investigate and apprehend under all the same laws,

just as any citizen can.  The problem arises with the attempts by

the federal government to extend its authority to act against "crimes"

that it does not have the constitutional power to prosecute, and to

try such cases in federal courts. The Constitution delegates only

very limited criminal prosecution powers to the federal government

for acts committed on State territory: treason, counterfeiting, and

crimes on the high seas and against the laws of nations (that is,

war crimes).  It has broad legislative authority on federal territory,

which includes State land ceded to the federal government by a State

Legislature, but there is very little of that left since Hawaii and

Alaska joined the Union. It does not include land that is merely

owned by the federal government, nor does it include land on

which some activity is conducted that is regulated by the federal

government. The federal criminal laws which have been enacted

which are not on the above list are ostensibly based on the

constitutional power of the federal government to "regulate"

interstate commerce, but it was never the intent of the Framers that

the power to regulate was the power to prosecute criminally, nor

was "interstate commerce" intended to include everything that ever

crossed a state border, or might cross a state border, or is done by

a party that operates across a state border, or that might "affect"

interstate commerce. This "interpretation" of the interstate

commerce clause is clearly unconstitutional, and amounts to

amending the Constitution by statute instead of by the amendment

procedure the Constitution prescribes.



Q: That may be the way things  once were, back when this

country was founded and during the frontier era, but does the

concept of the Militia have any relevance for today?



A: As much as it ever did. This country still faces threats from

foreign enemies. Maybe not invasions on the ground from a foreign

army, but terrorists, guerrillas, and criminal gangs, either foreign

or domestic, are a growing threat. Urban riots are always possible,

and looters are a potential threat following natural or manmade

disasters. The police can't be everywhere, and rising crime means

that everyone must be prepared to act on his own or in cooperation

with other citizens to enforce the laws until the professionals can

assume control of the situation. Everyone must also be prepared to

perform emergency services until emergency professionals can take

over, sometimes under circumstances in which they must also be

prepared to use armed force.



Q: Come on! I'm not trained or equipped to act as a

policeman, a fireman, or a paramedic. How can I be expected

to do that?



A: Because you are an American citizen, and it goes with being a

citizen, whether you like it or not. What you need to do is get

trained and get equipped.



Q: Come on! It takes those guys years to learn those skills.

Wouldn't I just be doing more harm than good if I tried to get

involved?



A: No one is expecting you to jump into a raging river to save

someone from drowning if you don't know how to swim, but what

you should do is learn swimming and lifesaving. Likewise, you can

learn other skills that may be needed, and keep some of the tools

you might need. For a reasonable investment of time and money,

most citizens can prepare themselves to function effectively in most

such situations, sometimes even better than the professionals. For

example, statistics show that in shootouts against criminals, law

enforcement professionals are five times more likely to hit innocent

bystanders than armed civilians are. Part of this may be due to the

civilians being on the scene first, and therefore knowing who the

bad guys are and are not, but it also indicates that civilians are

more careful, and often more skilled. Many civilians are also

skilled in the unarmed martial arts, skills that many law

enforcement departments actually forbid their members from

learning and using, fearing lawsuits.



Q: Are you really saying we should all carry guns all the time?



A: Most of the time, yes. It's not that difficult. After a while, you

barely notice it.



Q: Wouldn't there be a lot more deaths and injuries from

firearms if everyone carried them all the time?



A: Well, we don't say everyone should always carry one.

Obviously, some people shouldn't. But they are exceptional. Most

people will carry them safely and responsibly, with a little training.

Of course there will be some additional incidents if most people

carry most of the time. Professional police and military have

accidents and incidents, but we don't disarm them, because on

balance we are better off if they carry most of the time. Same with

most other civilians. On balance most of us will be better off if

most people carry most of the time, after receiving  training, and

with regular practice. In a large population of people, there will

always be a certain number of injuries resulting from the possession

and use of any common implement. But firearms, with proper use,

are remarkably safe. Statistics show that injuries are more likely to

be caused by common appliances like toasters and vacuum cleaners

than by firearms.



Q: You are talking about handguns, but what about military-

style semiautomatic rifles, such as those banned under the

recent Crime Act? Are they really good for anything but killing

people?



A: In a sense, all functional firearms are for causing potentially

deadly injury to their targets, but their primary purpose is to

provide a credible deterrent against criminal attack. In a tactical

situation in which both parties are armed with semi-automatic or

full-automatic weapons, such weapons shift the balance in favor of

the defender, and partially offset the advantage of surprise enjoyed

by the attacker. It is not practical to carry them everywhere, but in

many situations, like defense of a fixed position, such as one's

home or workplace, they can provide the margin of survival.

  It should also be pointed out that military-style rifles, whether

semi- or full-automatic, are the primary weapons for use in

performing militia duties, and therefore bans against such weapons

are in violation of the provisions of the U.S. Constitution, such as

Art. I, Section 8, and the Second Amendment, which provide for

the Militia and recognize the right to keep and bear arms.



Q: What does the U.S. Constitution say about Militias?



A: Art. I, Section 8, provides that the U.S. Congress can adopt

regulations for organizing and training of the Militia, but that the

organizing and training of the Militia, and the appointment of its

officers, shall be done by the States. The Second Amendment

mentions the Militia as an important reason why the people have

a right to keep and bear arms.



Q: So, what do federal laws say about how the states should

organize and train their Militias?



A: Not much. They define who may be required to respond to a

call-up of the Militia by the President. In  10 USC 311, what we

might call the obligatory militia is defined as "all able-bodied males

at least 17 years of age and, except as provided in section 13 of

title 32, under 45 years of age who are, or have made a declaration

of intention to become, citizens of the United States." But they

don't say anything about how the States should organize and train

their Militias. The States are left to do so on their own.



Q: So, what do State constitutions and laws say about

organizing and training their Militias?



A: Again, not much. They define what most of them call the

reserve militia, usually  as "able-bodied males" of age ranges that

vary from one state to the next, typically as 16 through 59. Some

of them also provide for a State Guard, which is a full- or part-time

organization which is what the Framers of the Constitution called

a select militia. Not the full Militia.



Q: What about the National Guard? Aren't they the Militia?



A: A part of it, yes, as we all are. But although they are available

to the State for certain purposes, they are organized and funded

under the constitutional authority to raise armies, not the authority

to call up the Militia. As such, they are part of the federal military,

not what the Framers meant by the term Militia.



Q: Wait a minute. You first defined the Militia as the entire

population, except for a few officials. Now we have these laws

that define it as "able-bodied males" within a certain age

range. Which is right?



A: Although everyone is in principle subject to being called to

Militia duty, it has long been felt that few situations are likely to

arise in which absolutely everyone would need to be called up.

Therefore, the law tries to identify a subset of the entire Militia that

may be required to keep arms and to be kept in a state of readiness.

In the event of an actual call-up, these would also be joined by

volunteers who, while not falling within the definition of who may

be required to be thus prepared and to respond to a call-up, would

respond anyway and who would be an asset. We call the first group

of those who may be required to stay ready and to assemble the

obligatory militia. We call the volunteers the voluntary militia. The

combination of the obligatory militia and the voluntary militia is

the ready militia. That is what the Framers of the Constitution had

in mind when they used the term Militia. They envisioned a militia

system like that of Switzerland.



Q: Well, if neither federal or state laws call for the organizing

and training of the ready militia, does that mean they are

prohibited?



A: No. A few state laws prohibit armed groups, but the legislative

history of such laws shows that they were directed at criminal

gangs , not at the organizing and training of the Militia by local

leaders or officials. Any such laws would be unconstitutional if

interpreted in that way.



Q: So, who has the authority to call up the Militia?



A: Anyone can call up the Militia. Anyone at all. Historically, the

call-ups have usually been issued by local officials, such as sheriffs

or mayors, but in the absence of action by such officials, the people

can assemble on their own initiative, called up by anyone who

offers a credible reason to assemble.



Q: Wow! You mean I could call up the Militia in my area?



A: That's right. Indeed, if you are aware of some situation that

requires the Militia to be called up, then you are obliged to issue

a call-up if you can't get some official to do so.



Q: Wouldn't it cause some alarm to a lot of people if we did

that?



A: It might. That is why it is a good idea not to wait until an

emergency occurs before you do it. The Militia should be kept in

a state of readiness between emergencies. That way people will not

see the call-up as something unusual and alarming.



Q: Aren't there laws against alarming people that could be

used against any unofficial assemblies like that?



A: Longstanding constitutional precedent is that one has to actually

direct arms against an innocent person and specifically threaten him

for it to qualify as "alarming the public". And the person has to be

innocent. If one has reasonable grounds to believe that he has or is

about to commit a crime, then an armed threat may be appropriate.



Q: Wouldn't such armed assemblies of the Militia, or at least

such part of it as responds to the call-up, be vigilantes if they

tried to do that?



A: No, vigilantism is the improper assumption of the role of judge,

jury, and executioner, not the role of investigator or apprehender.



Q: What about the rights of the accused? Where do they come

in here?



A: The Militia is obliged to treat the accused the same way the

police are expected to treat them. That means informing them they

have a right to remain silent and to be represented by an attorney.

They must use no more force than is necessary to  prevent them

from either escaping or committing a crime.



Q: All this is fine in theory, but when was the last time the

Militia was actually called up officially?



A: The President last called up the Militia on the West Coast in

1942.



Q: What about unofficially?



A: Depends on what you would consider a call-up, but a notable

example occurred in Athens, Tennessee, in 1946, when a group of

returning veterans discovered that the sheriff was stealing the local

election. They issued a call-up, and laid siege to the court house.

Despite a great deal of gunfire on both sides, no one was injured.

The sheriff surrendered, and the Militia provided for an honest

count of the votes. Dealing with vote fraud is a proper Militia role.



Q: Was that really necessary? Couldn't they or others in a

similar situation use peaceful, legal methods to enforce voting

laws?



A: Not necessarily. There may be no one to enforce the law except

the Militia. The crime may be a conspiracy of local, state, and

federal officials who can effectively block any official enforcement

action. There is evidence that most computerized elections are

subject to being rigged at any time, and that they are rigged with

some regularity, at the direction of parties on the national level that

control official law enforcement agencies at all levels. Of course,

the rigging is very subtle. It can be done right under the noses of

pollwatchers. Investigating such rigging is a somewhat involved

operation, but it can be done, and should be before resorting to

Militia action. The same situation may occur with other kinds of

official corruption or abuse. The Militia may be the only honest

law enforcement activity remaining.



Q: Are you saying that the main purpose for reviving the

Militia tradition is to fight official abuse and corruption? Have

things really come to that?



A: Sadly, yes. Most people are blissfully unaware of how bad

things have become, or prefer not to see it or think about it. But it

is approaching the point where more and more of them will be

unable to sustain their state of ignorance or denial. It would be

better to act now before things get much worse. The longer we

wait, the more likely that there will be violent conflict, and we

really don't need another civil war.



Q: Can you provide evidence of any of this?



A: There is plenty of evidence. It is readily available for those who

want to make a little effort to find it. The sponsors of this

document can direct you to much of it. After you read some of it,

and talk to government insiders who are providing information to

patriotic citizens about what is going on, you will readily

understand why it is now time to activate the Militia across the

country.



Q: My god! This sounds like you are proposing to overthrow

the government. What do you hope to accomplish by doing

this?



A: There is reason to believe that the U.S. Constitution has already

been effectively overthrown by a conspiracy centered in the

intelligence and military establishments, with ties to the financial,

industrial, media, and criminal establishments. We seek to restore

constitutional governance, hopefully by balancing the power of this

cabal with armed militia units in every state and linked together

across the country. That, and exposing their operations to public

view, will hopefully bring reform without the need to resort to

violence, just as it happened in the former Soviet Union.



Q: The Constitution already overthrown? C'mon. Who's going

to believe that? Maybe there is more and more corruption and

abuse, but everything seems normal, for the most part.



A: Yes, the conspiracy is secret and subtle. It tries to avoid abusing

too many people or people who are too prominent, but just try to

expose it or raise these issues, and you will soon discover that you

live in a police state and not in a constitutional republic.



Q: Maybe it is better to just not try to expose it or raise these

issues, but keep a low profile and hope this conspiracy will

overlook me?



A: Well, leaving aside the fact that to do so is to betray what

generations of Americans have fought and died for, and that such

a position is dishonorable and cowardly, we have evidence that

whoever you are, a low profile won't help you. Sooner or later,

you will have to face it. Better now than later. Now we can prevail.

Later it may be too late.



Q: Look, it's not just me. I have a family to think about.

Maybe I should just join this conspiracy you talk about?



A: Join a conspiracy that depends on secrecy to survive? You don't

join them. They recruit you. If they don't, there's no way in. And

no protection for you even if you do join them. They are not noted

for protecting their own people. Deals with them are Faustian

bargains, long on promises and short on delivery. That is one

reason we are getting more and more defectors, despite the personal

dangers. You have to ask what kind of country and world you want

your children and grandchildren to live in.



Q: It all seems so incredible. What could these people want that

would cause them to overthrow the Constitution? What more

could they get that they don't already have?



A: They may be driven by fears of losing what they have, or they

may foresee some crisis they feel will require them to have more

power than they already have. What did the Nazis want? Or

the Italian fascists? Or the Japanese in WWII? Or Stalin? To us

these fascists, for that is what they are, collectively, seem irrational.

But they were not strong on reason or wisdom. The allies may have

won WWII and the Cold War, but fascism is alive and well and

running Western countries, including our own.



References:



  Morgan Norval, ed., The Militia in 20th Century America: A

Symposium, 1985, available from Gun Owners Foundation, 5881

Leesburg Pike, Falls Church, VA 22041.

  Stephen P. Halbrook, That Every Man Be Armed, 1984, available

from the Independent Institute, 134 98th Ave, Oakland, CA 94603.

  James M. & Kenneth F. Collier, Votescam: The Stealing of

America, 1992, available from Victoria House Press, 67 Wall St

#2411, New York, NY 10005.



For more information contact:

Constitution Society

6900 San Pedro #147-230, San Antonio, TX 78216, 210/224-2868



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From: jdr@earth (Jon Roland)

Newsgroups: talk.politics.guns,alt.politics.libertarian,alt.politics.usa.constitution,alt.politics.reform

Subject: The Cost of Corruption and Abuse (TMP20)

Date: 23 Jan 1995 11:21:13 GMT

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The Cost of Corruption and Abuse



Copyright (C) 1994 Constitution Society. Permission is granted to copy with

attribution for noncommercial purposes.



The Measure of Corruption



During the past several decades, American citizens have become increasingly

aware of corruption and abuse in this society, both official and corporate.

Many by being the victims of it, or by personally knowing its victims. Others

through the many exposes that have been written. However, most of these provide

only anecdotal evidence. What is missing are estimates of the extent of this

corruption, and the costs of it to our country.  Such estimates must of

necessity be very rough, as reliable statistics are generally not accessible

if they exist at all, but we can come up with working numbers until better

ones become available, based on both public and insider information.



- Market Corruption. This covers all those commercial transactions made

not on the basis of price or merit but as the result of bribes, kickbacks, or

extortion. It includes rigged bids on construction contracts, excessive prices

on items sold, labor padding, and bribes paid to secure peace with labor. It

also includes the excess costs of red tape intended to prevent such abuses,

which would not be necessary if the threat were not as great, although such

measures seldom prevent waste or abuse and often serve more to cover up

the abuse than reduce it. In many jurisdictions, such corruption is endemic,

and few if any areas avoid it. It has been variously estimated that such

corruption adds between 5 and 15 percent to the cost of all goods and

services. The latter figure is probably closer, and it may even be higher.

     A general excess cost of 15 percent is the equivalent of a tax to the

average worker, with a median annual income of $23000, of $3450 per

year. If made available for productive purposes, that could be expected to

increase the number of jobs by about 10 percent, or about 12 million jobs,

which would be more than enough to absorb the entire unemployed

population of the U.S., estimated to be about 10 million, and could also be

expected to raise average income by about 10 percent, and add about .5

percent to the average annual growth of the GDP.



- Narcotics. Illegal drugs are estimated to drain about $200-300 billion

from the economy each year, which amounts to about 4-5 percent of the

GDP. Contrary to disinformation about a "war on drugs", that volume of

trafficking is made possible only by official protection or participation,

probably at least 80 percent of it. It is estimated that about 40 percent of

all cocaine and heroin is smuggled in directly by such federal agencies as

the CIA, DEA, and FBI, especially the CIA. The "war on drugs" is only to

keep prices high, limit competition, and deceive the public. Some of the

money is used to finance covert or illegal government operations, but much

of it is used to enrich officials, international bankers, and to acquire assets.

The results of that acquisition is to bring an increasing proportion of the

economy under the control of criminals, and with it increasing political

power.

     To the direct costs of the drugs must be added the costs in increased

crime, law enforcement to deal with that crime, and the cost in lost lives,

health, and property. Taken together, we can estimate that the aggregate

cost amounts to about 12 percent of the GDP, 80 percent of which is

attributable to official corruption, equivalent to a tax of about $2300 per

year for the average worker. It can be estimated that more than half of that

money is not returned to the economy as consumption or new investment,

but is used to acquire existing assets without creating any new value,

resulting in a loss to the economy of about 8 million jobs, or almost as many

as the number of unemployed. It also makes a major contribution to the

balance of payments deficit, perhaps as much as $40 billion a year, since

most of the money is removed from the U.S. and only returns from abroad

to acquire assets or purchase U.S. government bonds, the interest on which

is then repatriated abroad. This balance of payments deficit increases the

cost of imports to U.S. consumers, especially oil, which is the major

product imported, which in turn contributes to increased costs for

everything. At the same time it increases the capital available for creating

jobs abroad that compete with U.S. workers, further contributing to

unemployment, far more than the effects of reduced tariffs.



- Raiding. This covers a variety of attacks on productive assets, including

financial institutions, businesses, and individuals, by corrupt parties,

including several agencies of the U.S. government. The largest category of

this raiding was the contrived collapse of the savings and loan industry,

mainly under the direction of the CIA and Justice Department. Thrift

institutions were induced to make bad loans to members of the conspiracy,

then taken over, looted, and seized, their owners wiped out, and their assets

sold to the conspirators at firesale prices, paid for with the same money

obtained by the bad loans. This process placated the public during the

1980s by stimulating a real estate boom, which created a brief period of

prosperity, but led to the recession of the 1990s when the real estate boom

failed. It is estimated that the collapse of the thrifts diverted about $1

trillion from productive use, about half of which went into the offshore

coffers of the CIA and other corrupt interests. It resulted in an increase in

the national debt which may cost the average worker about $2000 a year

for the next 50 years, and will cost the economy about 8 million jobs a year

over that period.

     Lesser but still important forms of raiding include bankruptcy fraud,

not just the kind in which the bankrupt commits fraud, but the kind in which

parties who file for Chapter 11 protection have corrupt judges and trustees

contrive to cause them to lose all their assets, which are then bought up by

cronies of the judges and trustees for pennies on the dollar. Again, the CIA

has played a prominent role in orchestrating this kind of raiding.

     Another approach to raiding is done by having subsidized government-

owned businesses called proprietaries compete with ordinary businesses,

forcing them into financial distress, then manipulating their financing

sources to force them to liquidate or sell. Once the agencies gain control of

the businesses, they either loot them of their assets and cover their tracks by

putting the business into bankruptcy, or else continue to operate it and to

bring strategic sectors of the economy under agency control. Again, the CIA

has been one of the major agencies doing this. It is estimated that this

approach is costing the economy more than $100 billion a year, or about 1

percent of GDP. It also results in increased unemployment as looted or sold

businesses lay off workers, and although many of them get other jobs

elsewhere, there is a net loss during the period they are unemployed, and a

loss in reduced wages after they do get other work.



- Legal abuse. This is essentially a conspiracy of most of the legal

profession against the public, resulting in an excess of legal costs over what

they should be of about 80 percent, which in turn increases the costs of

goods and services by about 2 percent, on the average. In some cases, by

much more. For example, about 70 percent of the cost of a new aircraft is

due to the cost of liability insurance, which is the indirect result of this

legal conspiracy. It also takes other forms. Attorneys often sell out their

clients to the opposition, resulting in their clients losing their cases.

They also often conspire to defraud the heirs in probate, manipulating

appraisals and diverting the assets to themselves or their cronies. More

than half of all judges are compromised, and pervert the judicial process

to serve the interests of  the Power Elite.



- Vote fraud. Most computerized elections can be rigged whenever the

Shadow Government chooses to do so. It goes through the motions of

influencing elections with large contributions and manipulation of the

mainstream media, but if those methods fail, the voting machines give the

result that was predetermined. This results in a terrible cost of a loss of

public confidence in the political process and the legitimacy of the

established institutions of society, a loss of morale and confidence, and

reduced cooperation and compliance with voluntary taxation.



- Rodney Stich, Defrauding America, 1994, available from Diablo Western

Press, Inc., PO Box 5, Alamo, CA 94507, 800-247-7389, $27.25.

- James M. & Kenneth F. Collier, Votescam: The Stealing of America,

1992, available from Victoria House Press, 67 Wall St #2411, New York,

NY 10005, $10.00.



For more information contact:

Constitution Society, 6900 San Pedro #147-230, San Antonio, TX 78216,

210/224-2868



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From: jdr@earth (Jon Roland)

Newsgroups: talk.politics.guns,alt.politics.libertarian,alt.politics.usa.constitution,alt.politics.reform

Subject: Jefferson of the Limits on Federal Criminal Powers (TMP21)

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Thomas Jefferson, in the Draft of the Kentucky Resolution, 1798:



"... the Constitution of the United States, having delegated to Congress

a power to punish treason, counterfeiting the securities and current coin

of the United States, piracies, and felonies committed on the high seas,

and offenses against the law of nations, and no other crimes whatsoever;

and it being true as a general principle, and one of the amendments to the

Constitution having also declared, that 'the powers not delegated to the

United States by the Constitution, nor prohibited by it to the States, are

reserved to the States respectively, or to the people,' therefore the act

of Congress, passed on the 14th day of July, 1798, and intituled 'An Act

in addition to the act intituled An Act for the punishment of certain

crimes against the United States,' as also the act passed by them on the

-- day of June, 1798, intituled 'An Act to punish frauds committed on the

bank of the United States,' (and all their other acts which assume to

create, define, or punish crimes, other than those so enumerated in the

Constitution,) are altogether void, and of no force; and that the power

to create, define, and punish such other crimes is reserved, and, of right,

appertains solely and exclusively to the respective States, each within

its own territory."



This is the classic Jefferson quote in which he succinctly states the

constitutional limits on the powers of the central government to prosecute

persons under criminal law for acts committed on state territory. He does

not get into the "general legislative powers" of Congress over federal

territories, which have been interpreted to allow broad criminal jurisdiction,

but the Constitution clearly states that such jurisdiction extends only to

territory not the territory of any state. The only other exception is a

power to discipline military personnel, including for acts they might

commit while on state territory. Federal "territory" does not include

property owned in fee simple by the federal government that lies within

state territory, nor property on which activities are otherwise subject

to regulation as interstate commerce or for excise or import taxation,

neither of which create "federal territory" unless the land has been ceded

to the federal government by the state legislature, nor do the powers to

regulate or tax provide authority for criminal penalties (deprivation of

life or liberty), only for civil penalties (deprivation of property).



Apply this standard to most of the statutes passed during the last 60 years

or to the federal agencies and regulations established during that period,

and it is clear why constitutionalists see a conspiracy to incrementally

overthrow the Constitution.



Constitution is not spelled C-A-F-E-T-E-R-I-A. The constitutional guarantees

of civil rights are worthless if the restrictions of governmental powers

are not strictly enforced.



--Jon Roland, Constitution Society





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From: jdr@earth (Jon Roland)

Newsgroups: talk.politics.guns,alt.politics.libertarian,alt.politics.usa.constitution,alt.politics.reform

Subject: Readings on Corruption, Conspiracy, ... (TMP22)

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Reading on Corruption, Conspiracy, and Constitutional Principles

Compiled by Jon Roland



Inclusion in this list does not constitute endorsement of everything they

have to say, only that they contain some useful points.



Corruption and Political Dysfunction



Rodney Stich, Defrauding America, 1994, available from Diablo

Western Press, Inc., PO Box 5, Alamo, CA 94507, 800-247-7389,

$27.25 Ppd. Insider exposes massive federal corruption, including

corporate raiding, looting of savings and loans, drug smuggling,

bankruptcy fraud, coverups of safety violations, and JFK assassination,

particularly involving the CIA and Justice Department.



Reed & Cummings, Compromised: Clinton, Bush and the CIA, 1994,

Shapolsky Publishers Inc, 136 W 22nd St, New York, NY 10011,

212/633-2022. Details of corruption involving the CIA, Bush and

Clinton.



William Greider, Who Will Tell the People: The Betrayal of

American Democracy, 1992, Simon & Schuster. Describes the

faltering of the political process.



Bartlett & Steele, America: What Went Wrong?, 1992, Andrews &

McMeel, 4900 Main St, Kansas City, MO 64112. Superficial, but hits

some useful points.



Gary H. Kah, Enroute to Global Occupation, 1992, Huntington

House Publishers, POB 53788, Lafayette, LA 70505. Superficial, but

hits some points on the global level.



Abuses of Constitution, Civil Rights



Walter Karp, Liberty Under Siege, New York: Franklin Square,

1993. Survey of some of the more obvious erosions of constitutional

rights, but superficial treatment of the causes.



Martin Cannon, The Controllers: A New Hypothesis of Alien

Abductions, 1990, 8211 Owensmouth Av #206, Canoga Park, CA

91304. $6.00. Survey of mind-control experimentation by U.S.

Government.



Julianne McKinney, Microwave Harassment & Mind-Control

Experimentation, Electronic Surveillance Project, Association of

National Security Alumni, PO Box 13625, Silver Spring, MD 20911-

3625, 301/608-0143. $5.00. ExposÐ of mind-control experimentation

by insider.



Collier & Collier, Votescam: the Stealing of America, 1992, Victoria

House Press, 67 Wall St #2411, New York, NY 10005. $10.00.

Report of investigations of how computerized elections are rigged. Can

be used as manual for investigating vote fraud.



Coverups and Secret Government



Anthony C. Sutton, America's Secret Establishment: An Introduction

to the Order of Skull & Bones, 1986, Liberty House Press, 2027 Iris,

Billings, MT 59102. Traces historical roots of major members of U.S.

branch of Shadow Government, but doesn't cover decision-making

structure.



John Coleman, Conspirators' Hierarchy: The Story of the Committee

of 300, 1992, America West Publishers, PO Box 2208, Carson City,

NV 89702. Introduces major players in global Shadow Government,

but lacks substantiation and may have misread the roles of some of

them. Makes case that rule is by 300 major families, a third of them

British. Traces their control of almost every sector of society, and

shows that much of their money comes from control of drug market,

going back to China opium trade. Doesn't cover present executive

structure, other than to indicate it may be MI6.



Burton Hersh, The Old Boys: The American Elite and the Origins of

the CIA, 1992, Scribners, New York. Traces the emergence of the CIA

as executor of objectives of the  ruling elite and examines their

deficiencies.



Loch K. Johnson, America's Secret Power: the CIA in a democratic

society, New York: Oxford, 1989; Rhodri Jeffreys-Jones, The CIA

and American Democracy, New Haven: Yale, 1989. A couple of

sanitized depictions of this agency.



L. Fletcher Prouty, JFK, the CIA, Vietnam and the Plot to

Assassinate John F. Kennedy, 1992, Birch Lane, New York; The

Secret Team, Institute for Historical Review. Gaeton Fonz, The Last

Investigation, 1993, Thunder's Mouth, New York. JFK assassination

as government plot.



Bill Moyers, The Secret Government: The Constitution in Crisis,

1988, Seven Locks Press, PO Box 27, Cabin John, MD 20818,

310/320-2130. Discusses what came out of the Watergate and Iran-

Contra scandals. Eloquent indictment, but no new revelations.



William Greider, Secrets of the Temple: How the Federal Reserve

Runs the Country, 1987, Simon & Schuster. Describes the

consequences of 1980 financial deregulation, which lays the basis for

what is discussed by Rodney Stich.



Gary Sick, October Surprise, 1991, I.B. Tauris & Co Ltd, 110

Gloucester Av, London NW18JA. Exposes deal to give Iran arms to

keep hostages and defeat Carter in 1980 election.



Donald Axelrod, Shadow Government: the hidden world of public

authorities and how they control $1 trillion dollars of your money,

New York: Wiley, 1992. Identifies such public authorities as the

Shadow Government, but they are just a part of it. 

Timothy Good, Above Top Secret: The Worldwide UFO Cover-up,

New York: W. Morrow, 1988;  Alien Contact: Top-Secret UFO Files

Revealed, New York: W. Morrow, 1993. Raises important question:

If these things are real, how are they affecting government: both visible

and invisible.



Constitutional Principles



William R. Tonso, The Gun Culture and its Enemies, 1990, Second

Amendment Foundation, James Madison Building, 12500 N.E. Tenth

Place, Bellevue, WA 98005.



Stephen P. Halbrook, That Every Man Be Armed, 1984, Independent

Institute, 134 98th Av, Oakland, CA 94603. Traces legal foundations

of right to keep and bear arms and shows how it is fundamental to all

other rights.



Bernard Schwartz, The Roots of the Bill of Rights, New York:

Chelsea House, 1980. Includes much of debate needed to interpret

Framers' intent.



Solutions



Morgan Norval, The Militia in 20th Century America: A Symposium,

1985, Gun Owners Foundation, 5881 Leesburg Pike, Falls Church,

VA 22041. Discusses the major factor missing from the political order

that might make a difference.



Martin Gross, A Call for Revolution, New York: Ballantine, 1993.

Superficial, and misses much that is needed, but hits  some useful

points.





Constitution Society, 6900 San Pedro #147-230, San Antonio, TX

78216, 210/224-2868.

 

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