441 lines
21 KiB
Plaintext
441 lines
21 KiB
Plaintext
From the Patriot Archives ftp site at:
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ftp://tezcat.com/patriot
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If you have any other files you'd like to contribute, e-mail them to
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alex@spiral.org.
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Militia Q&A
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Copyright (c) 1994 Constitution Society. Permission is granted to
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copy with attribution for noncommercial purposes.
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Q: What is the Militia?
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A: It was best defined by George Mason, one of the Framers of the
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U.S. Constitution, who said, "Who are the Militia? They consist
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now of the whole people, except for a few public officers."
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Q: If they're the whole people, why do we need a special word
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like "militia" to refer to them?
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A: The Militia is the people in a certain capacity, as defenders of
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the community and enforcers of the law. In that capacity, they are
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expected to have and use the tools needed to perform that role:
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personal weapons, and particularly firearms.
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Q: Isn't that what we have the military and police for?
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A: Yes, we do hire some of us to perform these duties on a full-
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time, paid basis. But that does not relieve us of the power or the
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duty to perform those duties when the situation calls for it.
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Q: Power? Don't the military and police have powers ordinary
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civilians don't have?
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A: Yes, the police have special powers to enforce certain
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regulations, like traffic regulations, that civilians don't have. And
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the military can engage in combat operations on foreign soil
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representing the United States. But all citizens have general powers
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to repel invasions, suppress insurrections, and enforce the laws, the
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three duties of the Militia, just like the military and police. They
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just don't do it on a full-time, paid basis.
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Q: Come on. If I tried to go out and enforce some law,
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wouldn't I be subject to arrest for something? Like
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impersonating an officer, or maybe obstructing justice?
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A: Not if you only tried to enforce the laws that civilians have the
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power to enforce, which are laws against felonies and more serious
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misdemeanors, and didn't misrepresent yourself as an officer, who
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outranks most civilians, and who therefore is authorized to issue
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orders to civilians in situations where he is present and is himself
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acting in accordance with law. As for obstructing justice, anyone,
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including a law enforcement officer, can do that. Everyone
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involved is expected to cooperate with one another in enforcing the
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law and not jeopardize one another's legitimate efforts. That applies
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to everybody, officers and civilians alike. When there is
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disagreement about how best to do that, the dispute is ordinarily
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resolved by deferring to the officer with the highest rank, but he
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may be out of line. Ultimately, it is up to the courts to decide who
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is obstructing whom.
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Q: So don't federal law enforcement officials outrank state
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officials, who outrank local?
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A: No, each can investigate and apprehend under all the same laws,
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just as any citizen can. The problem arises with the attempts by
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the federal government to extend its authority to act against "crimes"
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that it does not have the constitutional power to prosecute, and to
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try such cases in federal courts. The Constitution delegates only
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very limited criminal prosecution powers to the federal government
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for acts committed on State territory: treason, counterfeiting, and
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crimes on the high seas and against the laws of nations (that is,
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war crimes). It has broad legislative authority on federal territory,
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which includes State land ceded to the federal government by a State
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Legislature, but there is very little of that left since Hawaii and
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Alaska joined the Union. It does not include land that is merely
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owned by the federal government, nor does it include land on
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which some activity is conducted that is regulated by the federal
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government. The federal criminal laws which have been enacted
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which are not on the above list are ostensibly based on the
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constitutional power of the federal government to "regulate"
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interstate commerce, but it was never the intent of the Framers that
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the power to regulate was the power to prosecute criminally, nor
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was "interstate commerce" intended to include everything that ever
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crossed a state border, or might cross a state border, or is done by
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a party that operates across a state border, or that might "affect"
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interstate commerce. This "interpretation" of the interstate
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commerce clause is clearly unconstitutional, and amounts to
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amending the Constitution by statute instead of by the amendment
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procedure the Constitution prescribes.
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Q: That may be the way things once were, back when this
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country was founded and during the frontier era, but does the
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concept of the Militia have any relevance for today?
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A: As much as it ever did. This country still faces threats from
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foreign enemies. Maybe not invasions on the ground from a foreign
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army, but terrorists, guerrillas, and criminal gangs, either foreign
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or domestic, are a growing threat. Urban riots are always possible,
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and looters are a potential threat following natural or manmade
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disasters. The police can't be everywhere, and rising crime means
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that everyone must be prepared to act on his own or in cooperation
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with other citizens to enforce the laws until the professionals can
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assume control of the situation. Everyone must also be prepared to
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perform emergency services until emergency professionals can take
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over, sometimes under circumstances in which they must also be
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prepared to use armed force.
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Q: Come on! I'm not trained or equipped to act as a
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policeman, a fireman, or a paramedic. How can I be expected
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to do that?
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A: Because you are an American citizen, and it goes with being a
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citizen, whether you like it or not. What you need to do is get
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trained and get equipped.
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Q: Come on! It takes those guys years to learn those skills.
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Wouldn't I just be doing more harm than good if I tried to get
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involved?
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A: No one is expecting you to jump into a raging river to save
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someone from drowning if you don't know how to swim, but what
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you should do is learn swimming and lifesaving. Likewise, you can
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learn other skills that may be needed, and keep some of the tools
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you might need. For a reasonable investment of time and money,
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most citizens can prepare themselves to function effectively in most
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such situations, sometimes even better than the professionals. For
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example, statistics show that in shootouts against criminals, law
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enforcement professionals are five times more likely to hit innocent
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bystanders than armed civilians are. Part of this may be due to the
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civilians being on the scene first, and therefore knowing who the
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bad guys are and are not, but it also indicates that civilians are
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more careful, and often more skilled. Many civilians are also
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skilled in the unarmed martial arts, skills that many law
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enforcement departments actually forbid their members from
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learning and using, fearing lawsuits.
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Q: Are you really saying we should all carry guns all the time?
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A: Most of the time, yes. It's not that difficult. After a while, you
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barely notice it.
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Q: Wouldn't there be a lot more deaths and injuries from
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firearms if everyone carried them all the time?
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A: Well, we don't say everyone should always carry one.
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Obviously, some people shouldn't. But they are exceptional. Most
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people will carry them safely and responsibly, with a little training.
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Of course there will be some additional incidents if most people
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carry most of the time. Professional police and military have
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accidents and incidents, but we don't disarm them, because on
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balance we are better off if they carry most of the time. Same with
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most other civilians. On balance most of us will be better off if
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most people carry most of the time, after receiving training, and
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with regular practice. In a large population of people, there will
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always be a certain number of injuries resulting from the possession
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and use of any common implement. But firearms, with proper use,
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are remarkably safe. Statistics show that injuries are more likely to
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be caused by common appliances like toasters and vacuum cleaners
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than by firearms.
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Q: You are talking about handguns, but what about military-
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style semiautomatic rifles, such as those banned under the
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recent Crime Act? Are they really good for anything but killing
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people?
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A: In a sense, all functional firearms are for causing potentially
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deadly injury to their targets, but their primary purpose is to
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provide a credible deterrent against criminal attack. In a tactical
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situation in which both parties are armed with semi-automatic or
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full-automatic weapons, such weapons shift the balance in favor of
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the defender, and partially offset the advantage of surprise enjoyed
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by the attacker. It is not practical to carry them everywhere, but in
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many situations, like defense of a fixed position, such as one's
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home or workplace, they can provide the margin of survival.
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It should also be pointed out that military-style rifles, whether
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semi- or full-automatic, are the primary weapons for use in
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performing militia duties, and therefore bans against such weapons
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are in violation of the provisions of the U.S. Constitution, such as
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Art. I, Section 8, and the Second Amendment, which provide for
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the Militia and recognize the right to keep and bear arms.
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Q: What does the U.S. Constitution say about Militias?
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A: Art. I, Section 8, provides that the U.S. Congress can adopt
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regulations for organizing and training of the Militia, but that the
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organizing and training of the Militia, and the appointment of its
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officers, shall be done by the States. The Second Amendment
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mentions the Militia as an important reason why the people have
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a right to keep and bear arms.
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Q: So, what do federal laws say about how the states should
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organize and train their Militias?
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A: Not much. They define who may be required to respond to a
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call-up of the Militia by the President. In 10 USC 311, what we
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might call the obligatory militia is defined as "all able-bodied males
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at least 17 years of age and, except as provided in section 13 of
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title 32, under 45 years of age who are, or have made a declaration
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of intention to become, citizens of the United States." But they
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don't say anything about how the States should organize and train
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their Militias. The States are left to do so on their own.
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Q: So, what do State constitutions and laws say about
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organizing and training their Militias?
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A: Again, not much. They define what most of them call the
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reserve militia, usually as "able-bodied males" of age ranges that
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vary from one state to the next, typically as 16 through 59. Some
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of them also provide for a State Guard, which is a full- or part-time
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organization which is what the Framers of the Constitution called
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a select militia. Not the full Militia.
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Q: What about the National Guard? Aren't they the Militia?
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A: A part of it, yes, as we all are. But although they are available
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to the State for certain purposes, they are organized and funded
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under the constitutional authority to raise armies, not the authority
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to call up the Militia. As such, they are part of the federal military,
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not what the Framers meant by the term Militia.
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Q: Wait a minute. You first defined the Militia as the entire
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population, except for a few officials. Now we have these laws
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that define it as "able-bodied males" within a certain age
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range. Which is right?
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A: Although everyone is in principle subject to being called to
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Militia duty, it has long been felt that few situations are likely to
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arise in which absolutely everyone would need to be called up.
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Therefore, the law tries to identify a subset of the entire Militia that
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may be required to keep arms and to be kept in a state of readiness.
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In the event of an actual call-up, these would also be joined by
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volunteers who, while not falling within the definition of who may
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be required to be thus prepared and to respond to a call-up, would
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respond anyway and who would be an asset. We call the first group
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of those who may be required to stay ready and to assemble the
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obligatory militia. We call the volunteers the voluntary militia. The
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combination of the obligatory militia and the voluntary militia is
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the ready militia. That is what the Framers of the Constitution had
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in mind when they used the term Militia. They envisioned a militia
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system like that of Switzerland.
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Q: Well, if neither federal or state laws call for the organizing
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and training of the ready militia, does that mean they are
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prohibited?
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A: No. A few state laws prohibit armed groups, but the legislative
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history of such laws shows that they were directed at criminal
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gangs , not at the organizing and training of the Militia by local
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leaders or officials. Any such laws would be unconstitutional if
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interpreted in that way.
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Q: So, who has the authority to call up the Militia?
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A: Anyone can call up the Militia. Anyone at all. Historically, the
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call-ups have usually been issued by local officials, such as sheriffs
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or mayors, but in the absence of action by such officials, the people
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can assemble on their own initiative, called up by anyone who
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offers a credible reason to assemble.
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Q: Wow! You mean I could call up the Militia in my area?
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A: That's right. Indeed, if you are aware of some situation that
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requires the Militia to be called up, then you are obliged to issue
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a call-up if you can't get some official to do so.
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Q: Wouldn't it cause some alarm to a lot of people if we did
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that?
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A: It might. That is why it is a good idea not to wait until an
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emergency occurs before you do it. The Militia should be kept in
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a state of readiness between emergencies. That way people will not
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see the call-up as something unusual and alarming.
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Q: Aren't there laws against alarming people that could be
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used against any unofficial assemblies like that?
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A: Longstanding constitutional precedent is that one has to actually
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direct arms against an innocent person and specifically threaten him
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for it to qualify as "alarming the public". And the person has to be
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innocent. If one has reasonable grounds to believe that he has or is
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about to commit a crime, then an armed threat may be appropriate.
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Q: Wouldn't such armed assemblies of the Militia, or at least
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such part of it as responds to the call-up, be vigilantes if they
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tried to do that?
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A: No, vigilantism is the improper assumption of the role of judge,
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jury, and executioner, not the role of investigator or apprehender.
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Q: What about the rights of the accused? Where do they come
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in here?
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A: The Militia is obliged to treat the accused the same way the
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police are expected to treat them. That means informing them they
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have a right to remain silent and to be represented by an attorney.
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They must use no more force than is necessary to prevent them
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from either escaping or committing a crime.
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Q: All this is fine in theory, but when was the last time the
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Militia was actually called up officially?
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A: The President last called up the Militia on the West Coast in
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1942.
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Q: What about unofficially?
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A: Depends on what you would consider a call-up, but a notable
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example occurred in Athens, Tennessee, in 1946, when a group of
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returning veterans discovered that the sheriff was stealing the local
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election. They issued a call-up, and laid siege to the court house.
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Despite a great deal of gunfire on both sides, no one was injured.
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The sheriff surrendered, and the Militia provided for an honest
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count of the votes. Dealing with vote fraud is a proper Militia role.
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Q: Was that really necessary? Couldn't they or others in a
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similar situation use peaceful, legal methods to enforce voting
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laws?
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A: Not necessarily. There may be no one to enforce the law except
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the Militia. The crime may be a conspiracy of local, state, and
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federal officials who can effectively block any official enforcement
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action. There is evidence that most computerized elections are
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subject to being rigged at any time, and that they are rigged with
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some regularity, at the direction of parties on the national level that
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control official law enforcement agencies at all levels. Of course,
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the rigging is very subtle. It can be done right under the noses of
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pollwatchers. Investigating such rigging is a somewhat involved
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operation, but it can be done, and should be before resorting to
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Militia action. The same situation may occur with other kinds of
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official corruption or abuse. The Militia may be the only honest
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law enforcement activity remaining.
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Q: Are you saying that the main purpose for reviving the
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Militia tradition is to fight official abuse and corruption? Have
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things really come to that?
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A: Sadly, yes. Most people are blissfully unaware of how bad
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things have become, or prefer not to see it or think about it. But it
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is approaching the point where more and more of them will be
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unable to sustain their state of ignorance or denial. It would be
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better to act now before things get much worse. The longer we
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wait, the more likely that there will be violent conflict, and we
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really don't need another civil war.
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Q: Can you provide evidence of any of this?
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A: There is plenty of evidence. It is readily available for those who
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want to make a little effort to find it. The sponsors of this
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document can direct you to much of it. After you read some of it,
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and talk to government insiders who are providing information to
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patriotic citizens about what is going on, you will readily
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understand why it is now time to activate the Militia across the
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country.
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Q: My god! This sounds like you are proposing to overthrow
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the government. What do you hope to accomplish by doing
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this?
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A: There is reason to believe that the U.S. Constitution has already
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been effectively overthrown by a conspiracy centered in the
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intelligence and military establishments, with ties to the financial,
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industrial, media, and criminal establishments. We seek to restore
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constitutional governance, hopefully by balancing the power of this
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cabal with armed militia units in every state and linked together
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across the country. That, and exposing their operations to public
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view, will hopefully bring reform without the need to resort to
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violence, just as it happened in the former Soviet Union.
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Q: The Constitution already overthrown? C'mon. Who's going
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to believe that? Maybe there is more and more corruption and
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abuse, but everything seems normal, for the most part.
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A: Yes, the conspiracy is secret and subtle. It tries to avoid abusing
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too many people or people who are too prominent, but just try to
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expose it or raise these issues, and you will soon discover that you
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live in a police state and not in a constitutional republic.
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Q: Maybe it is better to just not try to expose it or raise these
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issues, but keep a low profile and hope this conspiracy will
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overlook me?
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A: Well, leaving aside the fact that to do so is to betray what
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generations of Americans have fought and died for, and that such
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a position is dishonorable and cowardly, we have evidence that
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whoever you are, a low profile won't help you. Sooner or later,
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you will have to face it. Better now than later. Now we can prevail.
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Later it may be too late.
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Q: Look, it's not just me. I have a family to think about.
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Maybe I should just join this conspiracy you talk about?
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A: Join a conspiracy that depends on secrecy to survive? You don't
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join them. They recruit you. If they don't, there's no way in. And
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no protection for you even if you do join them. They are not noted
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for protecting their own people. Deals with them are Faustian
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bargains, long on promises and short on delivery. That is one
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reason we are getting more and more defectors, despite the personal
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dangers. You have to ask what kind of country and world you want
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your children and grandchildren to live in.
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Q: It all seems so incredible. What could these people want that
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would cause them to overthrow the Constitution? What more
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could they get that they don't already have?
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A: They may be driven by fears of losing what they have, or they
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may foresee some crisis they feel will require them to have more
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power than they already have. What did the Nazis want? Or
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the Italian fascists? Or the Japanese in WWII? Or Stalin? To us
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these fascists, for that is what they are, collectively, seem irrational.
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But they were not strong on reason or wisdom. The allies may have
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won WWII and the Cold War, but fascism is alive and well and
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running Western countries, including our own.
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References:
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Morgan Norval, ed., The Militia in 20th Century America: A
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Symposium, 1985, available from Gun Owners Foundation, 5881
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Leesburg Pike, Falls Church, VA 22041.
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Stephen P. Halbrook, That Every Man Be Armed, 1984, available
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from the Independent Institute, 134 98th Ave, Oakland, CA 94603.
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James M. & Kenneth F. Collier, Votescam: The Stealing of
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America, 1992, available from Victoria House Press, 67 Wall St
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#2411, New York, NY 10005.
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For more information contact:
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Constitution Society
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6900 San Pedro #147-230, San Antonio, TX 78216, 210/224-2868
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PO Box 1339, Muscatine, IA 52761, 319/264-2511
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------------------------------------------------
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(This file was found elsewhere on the Internet and uploaded to the
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Patriot FTP site by S.P.I.R.A.L., the Society for the Protection of
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Individual Rights and Liberties. E-mail alex@spiral.org)
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