Is this leagal?
Well-Known Member
When I asked David Zuniga of Tactical civics, "was the National Guard the organized militia of the several States"...this was his response.10 U.S. Code § 246 - Militia There are two types of militias. Organized and unorganized. Organized is the National Guard and Naval Militia. Those from 17-45 yo are part of the unorganized militia.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section246&num=0&edition=prelim
CD
"Nope. Not even on their best day!
First, the National Guard is composed exclusively of volunteers who sign enlistment contracts; whereas “the Militia of several States” are organizations not formed by contracts into which citizens voluntarily choose to enter, but instead based on compulsory enrollment of every able-bodied adult American.
Secondly, members of the National Guard don't supply their own firearms, ammunition and accoutrements; or keep that equipment in their personal possession at all times in their own homes. The Militia must!
Third, the National Guard may be called into the service by the feds for other purposes than the three that we stipulate in the Constitution. Beginning with Woodrow Wilson, presidents have even called National Guardsmen to be dispatched overseas to 'deploy' as mercenaries in totally illegal 'wars' (foreign adventures for banks and oil companies).
Fourth: when called into so-called 'federal' service, the National Guard can be incorporated as units of the federal armed forces; but the Militia can never be incorporated as units of the regular armed forces *under any circumstances*, because the Militia and the regular armed forces are constitutionally distinct -- actually mutually exclusive! -- establishments.
Contrast U.S. Constitution Art I, Sec. 6, Clauses 12-14 with Clauses 15-16, and also see Art II, Sec 2, Clause 1.
Fifth: when called into 'federal' service, the National Guard can come under the orders of the officers of the regular armed forces; whereas other than the president (and only when the Militia are “called forth” for one or more of the three constitutionally explicit purposes), officers of the armed forces can never command constitutional Militia.
On this aspect, read U.S. Constitution, Art I, Sec 8, Clause 16.
'National Guard' was created out of illegal whole cloth by Congress. But Congress can NEVER have any control, or make any laws, respecting the Militia, because that is OUR institution, and has been in existence since before we created Congress! See?"
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