Extract of “The Militia Of The Several States” Guarantee The Right To Keep And ...
by Dr. Edwin Vieira, Jr., Ph.D., J.D.
Now, usurpation and tyranny by individuals holding, but misusing, the highest public offices are bound to be abnormal situations. And beyond question such usurpation and tyranny will necessarily constitute the most serious possible violations of the Constitution, because they attack, and threaten to overthrow, the very rule of law from the top down. Therefore, the Constitution must fully empower “the Militia of the several States” to suppress them–and, in extremis, must even justify the Militia in “calling [themselves] forth” for that purpose, just as they did at Lexington and Concord in 1775. For, as a constitutional institution, “the Militia of the several States” are themselves a governmental institution–to which, in the absence of other governmental institutions willing or able to act, the responsibility and discretion to take charge must devolve. SALVS POPVLI SVPREMA LEX.
So, if (for example) the man holding the office of President, and a majority of men holding the offices of Representatives and Senators in Congress, and a majority of men holding the offices of Justices of the Supreme Court should all league together in a conspiracy of usurpation and tyranny, they would be breaking the law. Indeed, their acts of usurpation and tyranny could not be imputed to their offices or to the government at all, but would amount to nothing but the depredations of mere private criminals. See, e.g., Ex parte Young, 209 U.S. 123, 158-60 (1908); Poindexter v. Greenhow, 114 U.S. 270, 290-91 (1885). Under these circumstances, the Constitution would ex necessitate empower and require “the Militia of the several States” “to execute the Laws of the Union” against the conspirators and their henchmen and hangers-on, according to whatever valid statutes were in existence1–because obviously a criminal gang controlling Congress would not “call[ ] forth” the Militia to suppress its own illegal activities; a gangster perverting the office of President would not command the Militia to arrest himself; and the gang’s co-conspirators on the Supreme Court would always falsely rule “unconstitutional” whatever the Militia did to rectify the situation. Just as obviously, any purported statutes to further their usurpation and tyranny that such gangsters claimed to enact in the guise of Members of Congress, or tried to execute in the guise of the President, or attempted to enforce in the guise of Justices of the Supreme Court would be null and void from the beginning. For “[a]n unconstitutional act is not a law;… it imposes no duties; it is, in legal contemplation, as inoperative as though it had never been passed”. Norton v. Shelby County, 118 U.S. 425, 442 (1886).
Although extreme in nature, this scenario is not impossible. And its very possibility proves that “the Militia of the several States” must constitute a governmental institution potentially independent of and superior to all others, when the highest of those others are taken charge of, coopted, or corrupted by usurpers or tyrants. True “homeland security”–the purposes for which the Constitution says the Militia may be “call[ed] forth”–does not, can not, mean the security of some individuals who happen temporarily to hold public office, some regime, or some political party. And it does not, can not, mean the security of the greedy, unscrupulous special-interest groups–or “factions”, as the Founding Fathers called them–that use officeholders, regimes, and parties to feather their own nests at the expense of common Americans, as they do today by prating about “democracy” while they rig elections, prostitute public offices, loot the public treasury, and dispatch America’s youth as soldiers to kill and die in foreign lands in service of policies designed to line their own pockets. No. “Homeland security” means the security of “a Republican Form of Government” and of “a free State” right here in America–”a free State” composed of We the People, administered for the benefit of We the People, and in the final analysis guaranteed by We the People with their own arms in their own hands.