The Dick Act of 1902 also
known as the Efficiency of Militia Bill H.R. 11654, of June 28, 1902
invalidates all so-called gun-control laws. It also divides the militia
into three distinct and separate entities.
The three classes
H.R. 11654 provides for are the organized militia, henceforth known as
the National Guard of the State, Territory and District of Columbia, the
unorganized militia and the regular army. The militia encompasses every
able-bodied male between the ages of 18 and 45. All members of the
unorganized militia have the absolute personal right and 2nd Amendment
right to keep and bear arms of any type, and as many as they can afford
to buy.
The Dick Act of 1902
cannot be repealed; to do so would violate bills of attainder and ex
post facto laws which would be yet another gross violation of the U.S.
Constitution and the Bill of Rights. The President of the United States
has zero authority without violating the Constitution to call the
National Guard to serve outside of their State borders.
The National Guard
Militia can only be required by the National Government for limited
purposes specified in the Constitution (to uphold the laws of the Union;
to suppress insurrection and repel invasion). These are the only
purposes for which the General Government can call upon the National
Guard.
Attorney
General Wickersham advised President Taft, "the Organized Militia (the
National Guard) can not be employed for offensive warfare outside the
limits of the United States."
The Honorable William
Gordon, in a speech to the House on Thursday, October 4, 1917, proved
that the action of President Wilson in ordering the Organized Militia
(the National Guard) to fight a war in Europe was so blatantly
unconstitutional that he felt Wilson ought to have been impeached.
During the war with
England an attempt was made by Congress to pass a bill authorizing the
president to draft 100,000 men between the ages of 18 and 45 to invade
enemy territory, Canada. The bill was defeated in the House by Daniel
Webster on the precise point that Congress had no such power over the
militia as to authorize it to empower the President to draft them into
the regular army and send them out of the country.
The fact is that the
President has no constitutional right, under any circumstances, to draft
men from the militia to fight outside the borders of the USA, and not
even beyond the borders of their respective states. Today, we have a
constitutional LAW which still stands in waiting for the legislators to
obey the Constitution which they swore an oath to uphold.
Charles Hughes of the American Bar
Association (ABA) made a speech which is contained in the Appendix to
Congressional Record, House, September 10, 1917, pages 6836-6840 which
states: "The militia, within the meaning of these provisions of the
Constitution is distinct from the Army of the United States." In these
pages we also find a statement made by Daniel Webster, "that the great
principle of the Constitution on that subject is that the militia is the
militia of the States and of the General Government; and thus being the
militia of the States, there is no part of the Constitution worded with
greater care and with more scrupulous jealousy than that which grants
and limits the power of Congress over it."
"This limitation upon the
power to raise and support armies clearly establishes the intent and
purpose of the framers of the Constitution to limit the power to raise
and maintain a standing army to voluntary enlistment, because if the
unlimited power to draft and conscript was intended to be conferred, it
would have been a useless and puerile thing to limit the use of money
for that purpose. Conscripted armies can be paid, but they are not
required to be, and if it had been intended to confer the extraordinary
power to draft the bodies of citizens and send them out of the country
in direct conflict with the limitation upon the use of the militia
imposed by the same section and article, certainly some restriction or
limitation would have been imposed to restrain the unlimited use of such
power."
The Honorable William Gordon
Congressional Record, House, Page 640 - 1917
www.angelfire.com/retro/voices/page2.html#1902
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