I an earlier post we discussed the revitalization of the notion of 'the unorganized militia".
Curiously enough there are now two disparate threads of law on the subject as it relates to the right to keep and bear arms set forth in the Second Amendment to the Consitutution.
There is a Texas Case which clearly state that the right to Keep and Bear Arms adheres to the individual and not to the governor's of the various states.
The is a Massachussetts SJC (Sumpreme Judicial Court) case which rules directly the opposite and now there is apparently a California District Court (Federal) which holds similarly to the Massachussetts case.
What the Bush Justice department intends to do about the latter case is a real question.
As a pracitical matter, I don't think any Massachusetts Lower Court Judge (other than Federal) would hold differently than the SJC.
Be that as it may the Federal Statute, like the Posse Comitatus and bail bond federal law still reminds us that we are all members of the "unorgagnized militia" like it or not.
Curiously enough it was soon after Pancho Villa's attack on the town of Columbia Texas in 1916 which caused the Federal Government to take the position that the voluntary militias of the time were not adequate, and from that flowed the power of the Federal Government to 'federalize' National Guard Units, and the older State Militia's were disbanded.
So, where exactly does that leave us. The governemt says "to keep your eyes open" and such like.
I think that the notion of an unorganized militia should be revitalized. Those with prior military experience, the proper permits and vbackground checks should be allowed to consider themselves part of a nationwide posse comitatus and an air or transport Deputy Marshal for the duration.
Each such person should duly register himself and present his credentials and stand ready to react to what he might see, or to any calls from whomever the local militia commander (the Chiefs of Police would best fill this role i think).
This happened to me in a way in 1978 when all 4 wheel drive vehicle owner were called up to evacuate those elderly or otherwise immobile persons from the affected area of the Storm to safer areas. Drivers were accompanied by a National Guard trooper when available.
Why this system cannot work when we are clearly engaged in a very unconventional war I do not understand.
"All Enlightenment Gratefully Accepted"