Monday, May 09, 2005
Read this article by Edwin Vieira, Jr. here:
Part I (Excerpts)
Where, then, should Americans look for constitutional "homeland security"? The Second Amendment to the Constitution provides the first giant steps towards the answer:
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.
This right and power derives from:
... in the case of a criminal conspiracy among public officials to deprive Americans of their lives, liberties, or property, the overarching principle of the Declaration of Independence, that "when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce the[ people] under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security".
...although "the Militia of the several States" are State institutions, the States cannot dispense with them, either, because the Constitution presupposes their permanence, and the Constitution is "the supreme Law of the Land". Article VI, Clause 2. Obviously, if the States could dissolve their Militia at will, they could erase Congress's power to "call[ ] forth the Militia". They could render unfulfillable the duty of the United States to "guarantee to every State in this Union a Republican Form of Government" and to "protect each of them against Invasion; and * * * against domestic Violence".