Preconceived Notions: “Constitutional” Militias


One of the biggest problems I’ve seen today in the Preparedness/Patriot Movement, are certain preconceived notions that sound great to the ignorant, but have been proven wrong and become a specious argument. These preconceived notions give people a false sense of “We’re Doing it right”, because that’s what they’ve been led to believe. Ultimately, when it’s all said and done, most of the arguments are being fomented and forwarded by those whose paradigm would be shattered if the truth became common knowledge to those who blindly follow their lead (the leadahs don’t cha know).

No matter how many times I reiterate the fact that “militia” groups have no more authority than the “moral authority” every other Neighborhood Protection Team and Survivalist and/or Prepper group or civilian (because that’s what they all are) has, it seems to do no good.  I keep hearing people in “militia” groups say things like “We have the authority to….”, “We’re authorized by the Constitution”, or one of my favorites, “We’re just like Captain Parker’s militia.” So let’s examine these quotes.

First up, “We have the authority to….”, The only authority that a “militia” would have other than the aforementioned “moral authority”, would be that which was granted (it’s not a right since it’s a state/Fed authorized entity) by the Governor/President by a call up of the unorganized/reserve militia, or the Sheriff assembling a posse. If the Governor calls you guys up to fill in the gaps left by a departed State National Guard, or because the NG was decimated, that’s legit, and gives you the authority as a “Governors designee” in whatever capacity you’re called up in. If the Sheriff selects you or your group as members of his posse, great, you have now been deputized. In either case, an elected official has used their authority to give you the limited authority backed by the office they hold. Simple, right? Anything other than that, or maybe some form of charter from your township (via the Mayor or Council) has no authority, and any claim to authority, and use of rank, which implies being on par with someone of similar rank in another group, is somewhat ridiculous, and smacks of “wannabeism”.

Next up, “We’re authorized by the Constitution”. Really, where? In the Second Amendment ” A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”. (Notice it says “A well regulated MILITIA”, not “THE well regulated MILITIA”, and yes, it authorizes YOU to have guns) Be careful saying that it authorizes what you are doing, because if you look at the US Constitution, it says this “To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;” Has the Governor or state you reside and train in appointed your officers and regulated the type of training you receive? Oh wait, you want to use the 1792 Militia Act? I guess that’s great if you’re white and a male (go ahead, look it up and read it.) If you’re gonna follow it, YOU’RE GONNA FOLLOW IT! Right? If you’re using the “The Efficiency in Militia Act of 1903” (also known as the “Dick Act” The most recent and authorized militia act), you are considered the “Reserve Militia” or the “Unorganized Militia”. There is no “I’m a Colonel” or “He’s a Captain” crap. Hell, the closest they come to saying you (the unorganized militia) are useful to the government is this section, and it shows they feel a need for you to be vetted to be considered militia leaders, is here, “Sec. 23. That for the purpose of securing a list of persons specially qualified to hold commissions in any volunteer force which may hereafter be called for and organized under the authority of Congress, other than a force composed of organized militia (the National Guard/Reserves), the Secretary of War is authorized from time to time to convene boards of officers at suitable and convenient army posts in different parts of the United States, who shall examine as to their qualifications for the command of troops or for the performance, of staff duties all applicants who shall have served in the Regular Army of the United States, in any of the volunteer forces of the United States, or in the organized militia of any State or Territory or District of Columbia, or who, being a citizen of the United States, shall have attended or pursued a regular course of instruction in any military school or college of the United States Army, or shall have graduated from any educational institution to which an officer of the Army or Navy has been detailed as superintendent or professor pursuant to law after having creditably pursued the course of military instruction therein provided. Such examinations shall be under rules and regulations prescribed by the Secretary of War, and shall be especially directed to ascertain the practical capacity of the applicant. The record of previous service of the applicant shall be considered as a part of the examination. Upon the conclusion of each examination the board shall certify to the War Department its judgment as to the fitness of the applicant, stating the office, if any, which it deems him qualified to fill, and, upon approval by the President, the names of the persons certified to be qualified shall be inscribed in a register to be kept in the War Department for that purpose. The persons so certified and registered shall, subject to a physical examination at the time, constitute an eligible class for commissions pursuant to such certificates in any volunteer force hereafter called for and organized under the authority of Congress, other than a force composed of organized militia, and the President may authorize persons from this class, to attend and pursue a regular course of study at any military school or college of the United States other than the Military Academy at West Point and to receive from the annual appropriation for the support of the Army the same allowances and commutations as provided in this Act for officers of the organized militia: Provided, That no person shall be entitled to receive a commission as a second lieutenant after he shall have passed the age of thirty; as first lieutenant after he shall have passed the age of thirty-five; as. captain after he shall have passed the age of forty; as major after he shall have passed the age of forty-five; as lieutenant-colonel after he shall have passed the age of fifty, or as colonel after he shall have passed the age of fifty-five: And provided further, That such appointments shall be distributed proportionately, as near as may be, among the various States contributing such volunteer force: And provided. That the appointments in this section provided for shall not be deemed to include appointments to any office in any company, troop, battery, battalion, or regiment of the organized militia which volunteers as a body or the officers of which are appointed by the governor of a State or Territory.” What does this mean? Well, it means that unless you’ve been contacted by the Adjutant General of your state, you ain’t on the list, and no one recognizes you or your group as having any authority as a part of “The Militia”.

NG report

This was a Conn. Adjutant General’s report about Militia Officers, prior to the 1903 Dick Act reorganization.

Why did this happen to begin with? For the very reasons some of us have hollered about continuously and received nothing but grief for our trouble. Here’s an interesting quote. “Several issues with the National Guard (Militia, this was prior to The Dick Act of 1903) became apparent as a result of the Spanish–American War experience, including low levels of individual and unit training and readiness; differences in organizational structure, uniforms and equipment; and lack of standardization in leader qualifications and professional development.” Lets see, Training, Readiness, Organizational Structure, uniforms and equipt., STANDARDIZATION OF LEADER QUALIFICATIONS AND PROFESSIONAL DEVELOPMENT! (please Colonel, tell me about your Staff) Sounds like something a few of us have continually beat the drum about, but all we hear is, “That’s not how we do it.”, “You guys are Assholes, we’re trying.” or, “We elect or leaders like the militias in Parker’s day did.” First, Captain Parker didn’t have a Constitutionally authorized militia, because there was no Constitution to authorize it. The Articles Of Confederation didn’t even happen till 1777 two years later, so who “authorized” it? The locals authorized it (the Brits didn’t like the idea at that point ), that’s who. Nowadays, you don’t have that luxury (technical legality), so if you want to have militia authority, It’s the National Guard, or be stuck in the same category as any other prepper group. Any group that practices using weapons for protection, by definition, is “A militia”, and fit this particular definition “Defense activity or service, to protect a community, its territory, property, and laws.” And this is as it should be, and what a militia is for.

Here’s something you need to think about the next time someone says they are a Constitutional Militia.

XI. Be it enacted, That such corps retain their accustomed privileges subject, nevertheless, to all other duties required by this Act, in like manner with the other militias


Sec. 5. And be it further enacted, That every officer, non-commissioned officer or private of the militia, who shall fail to obey the orders of the President of the United States in any of the cases before recited, shall forfeit a sum not exceeding one year’s pay, and not less than one month’s pay, to be determined and adjudged by a court martial; and such officers shall, moreover, be liable to be cashiered by sentence of a court martial: and such non-commissioned officers and privates shall be liable to be imprisoned by the like sentence, or failure of payment of the fines adjudged against them, for the space of one calendar month for every five dollars of such fine.”

1795 Militia Act

Are you willing to take orders from Barrack H Obama? ………..Didn’t think so. If you’re not, then you are not a member of “The Militia”, you are in “A Militia”, because the laws and regs on the books say if you are in “The Militia” you are subject to call up if they need you, right?

What’s the point JC? The point is this. Saying you are authorized by the Constitution sounds great till someone calls you on it. Then, you just look ignorant of facts that you should have researched. Most guys that I know that are in “a militia”, whether an NPT, or what they call a “Militia” are good guys, and have the best of intentions at heart.  Others out there hang on to this belief of their “Constitutional Militia”, simply because it fits the paradigm they’ve developed to make themselves look like they are some form of military/martial (because it’s popular, right?) unit, and because they either didn’t serve, or they wish they still were. There is nothing wrong with training with a group to prepare to defend yourselves when it hits the fan, as a matter of fact I not only encourage it, but I always try to help those willing to heed guidance, and put in the needed effort. The problem comes with the “Stuck on stupid” crowd, that want to make out like they are more than they are, and that they have the “Authoritah”! You’re not Commissioned Officers, you’re not Non Commissioned Officers, you are Survivalists/Concerned Americans, preparing to have your wall breached by Orcs! Get your priorities straight, quit trying to impress those that won’t be or don’t need to be, and get ready for the inevitable crash, because it’s later than you think. Here’s a parting thought, why should a Team Leader in a Survivalist/NPT group of 25 give two shits about what a “Colonel” in the “Militia” with 6 guys under him has to say about anything? Because he’s a “Colonel”? I don’t think so. There is no parity in “Militias”, and never will be till you all standardize on something more than the title “III%er”, and the latest camo design (just like the “Operators” right?). Right now you are too busy re-reading that “awesome” comment where in it you told that SF guy (that actually gave a Damn, wants to help, and didn’t need to impress anyone) that he was a “retard” (good job, you’re a real role model), instead of re-reading what he said and asking yourself if it applied to you.

Next up “Preconceived Notions: The Bugout”



American by BIRTH, Infidel by CHOICE

9 thoughts on “Preconceived Notions: “Constitutional” Militias

      • Well,that is just entitled/enraged humanity,beats the hell out of Orcs.We going Orc then I’m getting the Ents and Elves together,perhaps recruit in Narnia at that point also!Would have been great to have a beer while Tolkein/Lewis chatted in the pub as friends,imagine were interesting conversations.While a distance from major cities(though at times work in em)there is a lot of “entitled humanity”also in the country which would consider more of a concern as they to a degree at least know the area.

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