Utah Constitutional Militia  




The Authentic Homeland Security

A well regulated Militia refers to “the militia of the several states” and clarified today as “the unorganized Constitutional Militia of the several states.” In US Code Title 10, these militia are designated as unorganized since they must remain unfunded and unorganized by government or special interests. Rather, each militia is self-assembled and organized by citizens committed to the security of a free state; and shall stay fully independent since it may have to challenge or bypass established authorities should they abuse that authority or fail to perform their lawful duties.

The Sword and Sovereignty: The militia reigns supreme in importance over all government institutions.

This constitutionally mandated institution reigns supreme in importance over all other institutions, with the exception of “We The People.” Delineated in the Bill of Rights as “being necessary to the security of a free state,” the Constitutional Militia secures individual rights; those rights consistent with a free state. These men and women bound by Oath to “defend the Constitution against all enemies, foreign and domestic” are the Minutemen who affirm their commitment to the security of a free state.

Political concerns are an individual matter that may or may not promote, yield, or maintain state respect for individual rights. Unlike politics, the Constitutional Militia should not be an instrument of division. Any militia intentionally organized on race, religion, politics, or participates in political persuasion at rallies, or protests – shall be seen as a civil threat and justly classified as an armed “extremist” group.

The Constitutional Militia is nonpartisan and correctly screens candidates for such things as criminal behavior or extremism but is otherwise unconcerned with their race, religion or political preference. Its serious challenge, however, is to overcome the institution’s unmerited association with the alleged militia ‘nuts’ and lingering propaganda meant to discourage membership.

Should the free state be lost to the political corruption of a police state, responsible citizens shall face the propaganda for what it is, abandon politics for the Constitution, and take up arms for their commitment to the security of a free state.

With sizable rank, this decentralized defense shall be a formidable adversary for any enemy, foreign or domestic. A well regulated Militia holds that, in a free state, individual rights are non-negotiable and asserts that the duties of a Minuteman shall always be limited to those consistent with a free state. This commitment sets the institution apart as the authentic homeland security.






The Right to Form a Militia












. . . their swords, and every other terrible implement of the soldier, are the birth-right of an American.
– Tench Coxe

The founder who told Americans
we have a right to military weapons


By: Rob Natelson | Published on: Apr 30, 2019


Does the Constitution’s right to keep and bear arms apply to everyone? Or only to law enforcement and the National Guard? Does the right include so-called “assault weapons?”

A newly published document from America’s founding offers a clue.

When interpreting the Constitution, judges and scholars consider what people said about the document around the time it was adopted. Writings by the Constitution’s advocates explaining its meaning to the general public are particularly helpful, because Americans relied on those explanations in deciding to ratify the document.

The most famous writings of this kind were penned by Alexander Hamilton, James Madison, and John Jay and collected as “The Federalist.” But there were many others. Among the most important were newspaper op-eds produced by Tench Coxe.

Few people know of Coxe today, but during the founding era he was famous. He served in the Confederation Congress. After the Constitution was ratified he became our first assistant secretary of the treasury, working directly under Alexander Hamilton.

Public release of the proposed Constitution on Sept. 17, 1787 ignited a massive public debate. Opponents argued that if the instrument were ratified it would create an all-powerful central government. Coxe supported the Constitution — and like Hamilton, Madison, and Jay, he was frustrated by opponents’ misrepresentations.

Coxe wrote a series of op-eds to accurately explain the Constitution’s legal effect. His informal style was much easier to understand than the scholarly tone of The Federalist, and his articles became extremely popular.

Many of Coxe’s op-eds were republished long ago, but new ones sometimes surface. The editors of the Documentary History of the Ratification of the Constitution recently issued new volumes that include four productions by Coxe previously known to only a few dedicated scholars.

In a Pennsylvania Gazette article published February 20, 1788, Coxe addressed the right to keep and bear arms: “The power of the sword, [opponents] say ... is in the hands of Congress. My friends and countrymen, it is not so, for THE POWERS OF THE SWORD ARE IN THE HANDS OF THE YEOMANRY OF AMERICA FROM SIXTEEN TO SIXTY ... Who are the militia? are they not ourselves[?].”

Coxe added, “The unlimited power of the sword is not in the hands of either the federal or state governments, but where I trust in God it will ever remain, in the hands of the people.”

In other words, all able-bodied adult men have the right to keep and bear arms — not just law enforcement and the military. (Since ratification of the 14th Amendment, women also possess the right.)

Coxe also addressed the kinds of arms included: “Their swords, and every other terrible implement of the soldier, are the birth-right of an American.” In other words, the right to keep and bear includes military arms, not just hunting pieces. Rifles such as the AR-15 (misleadingly branded “assault weapons”) are protected — not despite the fact that they are military weapons, but precisely because they are military weapons!

Coxe’s view is hardly surprising to those of us who study the founders: The Revolutionary War had ended only five years before. If American citizens had not possessed military-style weapons, we would have lost.

Coxe wrote further, “Congress have no power to disarm the militia. What clause in the state or federal constitution hath given away that important right[?]”

This passage was composed well before the Second Amendment was proposed. Even then, Congress had no power to disarm the people. This was part of Coxe’s wider argument that federal powers were strictly limited. In other op-eds, Coxe listed many other matters outside the federal sphere and reserved exclusively to the states: education, social services, agriculture, most business regulation, and others.

Despite the fact that Americans relied on such representations when ratifying the Constitution, the federal government now asserts almost unlimited authority. Since politicians always seek to expand their power, that is understandable. Unfortunately, writers on the Constitution often pervert history and constitutional meaning to provide “cover” to the politicians. An example is the ludicrous claim — promoted by some leading law professors — that the Constitution’s Commerce Clause granted Congress vast power over our national life.

Tench Coxe’s writings provide a useful corrective. They are valuable reading for anyone who wants to understand what the Constitution actually says.

SOURCE:   Tenth Amendment Center  




We Need Independent Militias

That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
– George Mason (1776), father of United States Bill of Rights






Constitution / Bill of Rights

Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.



To Keep The Republic

This Constitution, and all laws and treaties made in accordance with it, shall be the supreme Law of the Land. Judges in every state must respect it and disregard things in their state constitution or state laws that contradict it.

All Senators, Representatives, executive and judicial Officers of the US government and individual state governments must take an oath to uphold this Constitution.


Article [I] Amendment 1 - Freedom of expression and religion
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article [II] Amendment 2 - Bearing Arms
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.

Article [IV] Amendment 4 - Search and Seizure
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article [VI] Amendment 6 - Rights of Accused in Criminal Prosecutions
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article [IX] Amendment 9 - Unenumerated Rights
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article [X] Amendment 10 - Reserved Powers
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.





The American Militia

. . . look to the past for guidelines about a free society's ideal defense, they must pass over the traditional militia system. Despite its appealing decentralist rhetoric and its close ties with the American Revolution, it was from the very core a coercive system, one clearly inimical to liberty. Instead, they should cast their eyes upon the volunteer militia of the Jacksonian period. Although maligned by military historians, forgotten by all others, and corrupted by post-Civil War statism, it is the one military precedent that most closely embodies libertarian precepts.
– Jeffrey Rogers Hummel





Constitutional Militia

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.





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