Martin, it's obvious you are not a lawyer either.
> Your 'well organized militia' is presently in Iraq,
> killing civilians
> (among other atrocities).
Your point?
They are soldiers of the
> USG, not a citizen
> militia.
The National Guard _is_ is the organized milita:
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are--
(1) the organized militia, which consists of the National Guard and the Naval Militia; and (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
10 U.S.C. § 311
And I didn't say that anyone had an
> obligation to own a gun -
> I said that they had an obligation to protect and
> defend freedom
> (organizing a resistance).
On the contrary, attempting to overthrow any govt of the United States is a crime, seditious conspiracy if you do it with anyone else:
"If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both."
18 U.S.C. § 2384, or just plain treason if you do it alone:
"Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof--
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction."
18 U.S.C. § 2385
(Not all of this '48 statute remains constitutional after the series of cases leading up to Brandenburg v. Ohio. In particular whoever:
"advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence" (and likewise with the group membership clause) is 99% certain to be protected as long as the incitement to overthrow is not immanent.
However, whoever "attempts to do so" (overthrow any govt in the US by force and violence) is a traitor as a matter of law. The statute provides for 20 years in the can but the Constitution permits the death penalty for treason.
On the other Dennis v. US, upholding the convictions of the leadership of the CPUA for _conspiring to advocate_ the overthrow of the USG by force and violence, has never been ovveruled either.
Don't practitioners in
> your profession have
> a similar oath?
No we're sworn to uphold and defend the Constitution and laws of the United States, I guess including the above.
>
> The BOR and the second amendment simply resolves
> that the people shall
> not be deprived of any tools that they need to
> execute their
> obligation.
Actually, I think the 2A is designed so that a well-regulated militia can put down violent rebellions (like Shea's Rebellion. It doesn't, you will not, refer to "the people," unlike the 9th and 10thAs, but just to thewell-regulated militia. In short, I think you have it totally backwards.
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