By Gerry Nance
May 25, 2006
I read Minutemen/Border Patrol By Virginia E. Atkinson, on May 24 2006, and I wanted to offer some clarification.
The Minutemen operate under the US Constitution and within the Bill of Rights. The US Constitution is the "framework" of our government. The preamble, of the US Constitution, is often overlooked, but is a vital part of the content of the document: "We the People of the United, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility , provide for the common defence , promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity , do ordain and establish this Constitution for the United States of America."
The Minutemen are doing the job our President and the elected governments, for past years have failed to do. Today the Minutemen are trying to embarrass the government. Look how much more motivated the government has been since the Minutemen started.
The Bill of Rights, is not a list of your rights. The Bill of Rights do NOT give you any rights. The Bill of Rights, is a list of "restrictions" placed on the government, under the Constitution, to protect the rights, you were born with.
The Constitution calls for the states to be protected from invasion. The Bill of Rights, installs a militia in every state of the union. A militia is formed in defense of the nation and the US Constitution. I will use California laws as an example. Under California laws, there is established a regulated militia, and an unregulated militia. The Minutemen fall under the category of an unregulated militia.
Under California Law, the County Sheriff, has the power to form a posse. Posse Comitatus, means the "Power of the County". Under modern governments, the Sheriff, will form a posse from retired police officers, who are still allowed to carry concealed firearms.
As I said the Minutemen are an unregulated militia, who have not waited to be called up by the Governor of the state, since our governor has proven himself an incapable leader, in these times, of war, terrorism, invasion, and infiltration. Any combat unit in the real world military would have relieved an incapable leader of his/her command, if they proved to be incompetent to lead a combat unit.
I must also mention a paramilitary organization. Paramilitaries are formed to overthrow the government of the USA and destroy the US Constitution. Socialist, Communists, Anarchists, and Marxists, want to destroy the Government of the US and burn the US Constitution.
Virginia E. Atkinson said, "The Second Amendment (The Right To Bear Arms) but does it give them the right to be vigilantes, to hunt down illegal immigrants like stray coyote's?"
True the Second Amendment protects our rights to bear arms. The word "vigilante", means to be watchful, observant, and take the law into your own hands when the government or law enforcement is not able or unwilling to respond. Your local Neighborhood Watch, or a person who stops a purse snatcher, or the customer who stops a shoplifter, or a good neighbor who stops a claim jumper, are all examples of vigilantes. The US Constitution and the US Code, and California State laws do not prohibit citizens from acting as vigilantes. In fact citizens arrest is legal in California. Where the law draws a line is at punishment. Vigilantes cannot mete out punishment for crimes. Vigilantes can arrest, and take any and all actions needed to effect an arrest, but vigilantes must hand the suspect over to police at the earliest opportunity. The Vigilante will have to file a report and articulate their cause for arrest and any actions taken, to effect the arrest. BTW -- Suspects can be shot and killed, during a call to 9-1-1, but that's another story.
Minutemen on the border do carry firearms, cell phones, binoculars, and water, but they do not hunt down or track illegals. Minutemen observe and report. The Border Patrol, intercepts, arrests, and deports, the illegal aliens.
Although it is the policy of the Minutemen to not hunt, track, or detain illegal aliens, there is nothing stopping anyone from forming their own group, to do just that, since it is legal for citizens, acting under the US Constitution and within the Bill of Rights, to perform the duties of the government, when the government has failed to do their job. Citizens and Patriots have a duty to step up and perform their duty for their nation, especially during times of war and invasion. Our nation is involved in war. We have suffered attacks. Our nation has been invaded. It is now legal for all patriots identify and round up all invaders, and hand them off to higher authority.
Thank you Virginia, for suggesting volunteers for border watch be trained by the military and screened for drugs, but the US Constitution makes no requirement, of the militia, other than to report with your gear, rifle and ammunition. As for your worry about a lawsuit, California law states, "Members of the militia in the active service of the State shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty." This means the Minutemen, cannot be sued, for actions performed, while volunteering their service for the state or their nation.
Virginia's mention of a "Police State" reminds me of the Republic of the Philippines, under "Martial Law" while Ferdinand Marcos was Dictator for 30-years. Yes it was safe. Curfew was enforced. Street thugs got a bullet to the back of their head. I felt safe then.
A Democracy, like a ship at sea, cannot be ignored, or allowed to run on autopilot. No, a Democracy, requires the constant attention of the pilot and crew, to keep her on a true course. Sometimes it must be the paying passengers, who must jump into the pilot house, to steer the ship from crashing into a shoal.
By the way Virginia E. Atkinson, of Metlakatla, AK, USA. I took the time to look up your fair town on Terra Server and Mapquest. I see a cannery, saw mill and a cemetery, near your small American town, on Annette Island, in Southeastern Alaska.
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