When Militias are Outlawed, Only Outlaws Will Have Militias Richard Poe November 10, 1999 "We've got to dismantle the NRA," urges filmmaker Spike Lee. "It's time to rethink [the Second Amendment]..." says Mia Farrow. "I think [the Second Amendment] is in the Constitution so we can have muskets when the British people come over in 1800," opines talk-show host Rosie O'Donnell. It's unanimous. The chic, the pompous, the fashionable and the trendy have ruled on Americans' right to keep and bear arms. And they've decided we don't need it. Even conservative pundit George Will has joined the chorus. "Whatever right the Second Amendment protects is not as important as it was 200 years ago..." he says. But why isn't it? What has changed, in America, to obviate the need for a citizen's militia, that once-proud institution bequeathed to us by our Founding Fathers? The standard answer is that redcoats and Indians no longer threaten us. Maybe not, but these were never the gravest threats to our liberty anyway. In his book That Every Man Be Armed, constitutional scholar Stephen P. Halbrook demonstrates that, during the drafting of the Second Amendment, what worried the Framers most was the danger that our own government might run amok. The Framers differed only in their opinions on how best to counter this threat. The Federalists claimed that the problem would solve itself, since the militia - consisting of all able-bodied men, ages 16 through 60 - would overthrow any tyranny that arose. "The supreme power in America cannot enforce unjust laws by the sword," argued Noah Webster, "because the whole body of the people are armed..." The anti-Federalists, however, pointed out that Congress could disband the general militia and replace it with a "select militia", loyal only to the government. "When a select militia is formed; the people in general may be disarmed," warned John Smilie at the Pennsylvania convention. To prevent this from happening, the anti-Federalists demanded a Bill of Rights, which would guarantee, among other things, an unalienable right to keep and bear arms. "The great object is that every man be armed...," declared Patrick Henry. "Everyone who is able may have a gun." Congress would thus be powerless to disband the militia. In theory, we still have a militia today, which the Supreme Court defined as "all males physically capable of acting in concert for the common defense" (United States vs. Miller, 1939). But most of our "militiamen" no longer bother to arm themselves or to drill in units. We have surrendered that responsibility to a "select militia" of National Guardsmen, Army reservists, FBI SWAT teams and Delta Force commandos. Just as the anti-Federalists predicted, our failure to exercise our militia rights has resulted in a rapid erosion of those rights. If the current drive to ban assault weapons is successful, U.S. citizens will be stripped, for the first time, of the right to keep and bear military arms. "Well, so what?" argue the gun abolitionists. "Assault rifles are dangerous. If everyone had one, our streets would be war zones." But would they? That hasn't happened in Switzerland. There, every able-bodied man between the ages of 20 and 42 serves in the militia, and is required by law to keep a Sturmgewehr 90 assault rifle at home, ready for action. While the rest of Europe reels from wars, riots, ethnic cleansings, tumbling governments, terrorism and crime waves, the Swiss enjoy peace, prosperity and a crime rate lower than England's. What about the threat of tyranny, so real and troubling to our Founding Fathers? Don't we need a militia to guard against aspiring Caesars? No, say the gun-grabbers. "I do not see a time when we Americans will need our guns at home to stage a coup to reclaim our democracy," writes muckraker Jack Anderson, in his anti-gun screed Inside the NRA. Let us pray Anderson is correct. But his own writings belie Anderson's optimism. In 1984, he reported a serious attempt by General Louis O. Giuffrida to usurp our democracy. Giuffrida was then head of the Federal Emergency Management Agency (FEMA), empowered with coordinating government responses to emergencies. According to Anderson, Giuffrida rewrote the rules to give FEMA - and thus himself - near-dictatorial power, in the event of a crisis. Giuffrida prepared "stand-by" legislation enabling the White House, in times of peril, to suspend the Bill of Rights, confiscate property, nationalize industry and censor all communications. FEMA would then be appointed to run the country. Major media ignored Anderson’s sensational charges. But Giuffrida soon resigned amid a flurry of petty allegations ranging from sweetheart deals with contractors to paying his wife's travel expenses with government funds. Giuffrida may be gone, but contingency plans for martial rule continue to proliferate. Some of these plans may include the use of "select militias", of just the sort the anti-Federalists feared. In a February 26, 1985 article in the Village Voice, James Ridgeway reported that Giuffrida advocated the creation of "state defense forces" of armed volunteers, under the authority of "state area commands" (STARCS). Charged with keeping order during emergencies, these irregular units could easily evolve into Latin American-style death squads. Should it ever be implemented, Giuffrida's vision of "state defense forces" would fulfill the direst warnings of the anti-Federalists; a "select militia", under federal authority, preying at will on a disarmed populace. "Guard with jealous attention the public liberty," warned Patrick Henry. "...nothing will preserve it but downright force. Whenever you give up that force, you are ruined." Through an endless series of gun-control "compromises", we Americans have come perilously close to the "ruin" that Patrick Henry predicted. Yet there is hope. The Swiss have proved that a well-trained and well-equipped militia can defend a modern state. For a generation stricken with "Private Ryan" guilt, the rebuilding of our lawful and constitutionally-mandated militia would be a worthy project indeed. ___________________________________________________ Richard Poe is a freelance journalist and a New York Times-bestselling author. His latest book is WAVE 4. Poe's Website appears at RichardPoe.com. All Rights Reserved © NewsMax.com Bard "The preservation of the sacred fire of liberty and the destiny of the republican model of government are justly considered deeply, finally, staked on the experiment entrusted to the hands of the American people." George Washington, First Inaugural Address, Apr. 30, 1789
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