Oklahoma to form new militia?

[Matt Collins]

In Oklahoma, legislators and tea-partiers are mulling the idea of forming a new state militia (http://www.time.com/time/politics/article/0,8599,1981431,00.html)to “to help defend against what they believe are improper federal infringements on state sovereignty.”

http://www.time.com/time/politics/article/0,8599,1981431,00.html


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[SamFisher]

In Oklahoma, legislators and tea-partiers are mulling the idea of forming a new state militia (http://www.time.com/time/politics/article/0,8599,1981431,00.html)to “to help defend against what they believe are improper federal infringements on state sovereignty.”

http://www.time.com/time/politics/article/0,8599,1981431,00.html


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There is nothing in the Constitution that allows a well regulated militia as stated in the 2nd amendment to be used outside of the federal chain of command. The 1792 Militia Act and subsequent laws (Title 10 & 32) replacing it clearly establish federal authority over the state militias and the National Guard.

Since 2007 (John Warner Defense Authorization Act Sec 1076) Bush signed into law that the governor is no longer the sole commander of the National Guard in case of emergency: the pres can take complete control of the NG without the governor's consent. Bush partially repealed that in 2008 before he left office but Obama reinstated it in Executive Order 13528 by removing responsibility for the National Guard from individual state governors and giving it to a Council of Governors appointed by the president.

So I hate to tell you this but no armed militia could stand up even legally in front of the supreme court if their stated goal is to oppose the federal government. As a matter of fact they can be subjected to anti terrorism laws if they act on any type of plan that can be constituted as treason or sedition, like breaking up the union. So this is a dead end for conservatives both legally and practically but most importantly it's a political suicide.

[tpreitzel]

Sounds like a basis for proceeding... ;)

[Southron]

This is what we need to start doing.

It really doesn't matter what the federal government thinks as long as the militia is loyal to its state.

Once a militia is formed, then arresting federal agents should be the next act.