The Common Lawyer

Militia of the Several States

Our Constitution's Answer to Its Enemies


Brent Allan Winters (96 pages)

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The Supreme Court got it right: "the Militia of the several States is an able-bodied subset of the People." Indeed, America’s government is not of men but of law—but not just any law. America is a government of common law and the heartbeat of our common law is the ancient Militia’s two functions: the Jury and armed defense.

Only Israel of old has enjoyed such a forthright, written, fundamental law respecting the Militia as do Americans. Just as the Old-Testament phrase "the people" signified that group of which the Militia of each of Israel’s 12 tribes was a subset; so also our Constitution’s Militia of the several States is a subset of the People of each State. In fact, our Constitution recognizes that the Militia are the People, but then arranges the roles respecting the Militia among four groups—congressmen, State legislators, the president, and the People … Indeed, the better each of these four groups fills its Constitution-mandated role respecting the State Militias, our Constitution’s enemies, both within and without, will fear, threat of invasion will wane and the rising police state—the now-pressing danger to freedom—will melt away.

A definitive work on the Constitution's Militia of the several States.
—Larry Pratt, President Gun Owners of America

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