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ORIGINAL: pahunkboy

http://www.wxyz.com/mostpopular/story/Massive-Federal-Raid-in-Lenawee-County/eE6ZljBWa0uFOMUdtOLzvw.cspx

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The FBI, the Department of Homeland Security and the Joint Terrorism Task Force are all involved

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A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

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MILITIA legal definition is:

1. An army composed of ordinary citizens rather than professional soldiers.
2. A military force that is not part of a regular army and is subject to call for service in an emergency.
3. The whole body of physically fit civilians eligible by law for military service.source

Under Constitutional Law, the military force of the nation, consisting of citizens called forth to execute the laws of the Union, suppress insurrection and repel invasion.

The Constitution of the United States provides on this subject as follows: Art. 1, s. 8, 14. Congress shall have power to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.
source
to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by congress.

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ORIGINAL: Musicmystery

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The FBI, the Department of Homeland Security and the Joint Terrorism Task Force are all involved

That should be a hint.

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ORIGINAL: jlf1961

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A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

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MILITIA legal definition is:

1. An army composed of ordinary citizens rather than professional soldiers.
2. A military force that is not part of a regular army and is subject to call for service in an emergency.
3. The whole body of physically fit civilians eligible by law for military service.source

Under Constitutional Law, the military force of the nation, consisting of citizens called forth to execute the laws of the Union, suppress insurrection and repel invasion.

The Constitution of the United States provides on this subject as follows: Art. 1, s. 8, 14. Congress shall have power to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.
source
to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by congress.

In other words, a militia is a state run organization that the Federal Government has the right to call up in times of war etc.

Private Militias are not legally recognized as such under the constitution OR under any legal definition.

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ORIGINAL: Musicmystery

Perhaps.

But people are circling the wagons, despite what they are saying about waiting for information, around protecting a "militia" group which may also well be a terrorist cell.

Seems a paranoid and dangerous reaction.

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ORIGINAL: jlf1961

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A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

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MILITIA legal definition is:

1. An army composed of ordinary citizens rather than professional soldiers.
2. A military force that is not part of a regular army and is subject to call for service in an emergency.
3. The whole body of physically fit civilians eligible by law for military service.

Under Constitutional Law, the military force of the nation, consisting of citizens called forth to execute the laws of the Union, suppress insurrection and repel invasion.

The Constitution of the United States provides on this subject as follows: Art. 1, s. 8, 14. Congress shall have power to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.

to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by congress.

In other words, a militia is a state run organization that the Federal Government has the right to call up in times of war etc.

Private Militias are not legally recognized as such under the constitution OR under any legal definition.

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People have the natural right, recognized in the First Amendment, to peaceably assemble, subject only to the property rights of the owner of the property on which the assembly takes place. Since they also have the right to keep and bear arms, and since any rights which may be exercised separately may be exercised in combination, then they have the natural right to assemble as a militia, bearing arms, and to organize and train, provided that they do not otherwise commit any offenses against innocent persons. States may have some authority to regulate the operations of select militias, but not to prohibit them on the grounds that they might commit some offense against an innocent person. Furthermore, if a militia musters in response to a public notice, it is a true militia, and has a special status under common and constitutional law, with the right to ignore private property rights when necessary to conduct military operations. Such a true militia takes on the character of a convention of the whole of the community, and as such is superior to all governmental authorities of that jurisdiction, with the power to replace officials and re-organize governmental institutions, subject to ratification by a general vote. In a republican form of government, direct democracy is not the norm, but the people may have to resort to it temporarily if republican institutions fail to serve them.

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It is clear from the language and from historical analysis of the development of the Constitution that "reserving to the states" only meant the power was denied to the national government. For the Framers, the State was the "people of the state", not the "government of the state". When they wanted to indicate the government of a state, they used the language "Legislature of the State", as they do in Article 1, Section 8, Para. 17. It was left to the people of each state to decide what powers, if any, to delegate to their state governments for organizing and training militias and for the appointment of their officers. In the absence of such delegation of authority, the authority defaults to local communities under common law and established practice during the period in which the Constitution was adopted. That practice was for militias to be organized by county or township, usually under the authority of the highest elected law enforcement official, such as the sheriff or constable. However, any credible person could call up the militia, as Paul Revere did during his famous midnight ride.

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MILITIA. The military force of the nation, consisting of citizens called forth to execute the laws of the Union, suppress insurrection and repel invasion.

2. The Constitution of the United States provides on this subject as follows: Art. 1, s. 8, 14. Congress shall have power to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.

3. - 15. to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by congress.

4. Under the clauses of the constitution, the following points have been decided. 1. If congress had chosen, they might by law, have considered a militia man, called into the service ot the United States, as being, from the time of such call, constructively in that service, though not actually so, although he should not appear at the place of rendezvous. But they have not so considered him, in the acts of congress, till after his appearance at the place of rendezvous: previous to that, a fine was to be paid for the delinquency in not obeying the call, which fine was deemed an equivalent for his services, and an atonement for disobedience.

5. - 2. The militia belong to the states respectively, and are subject, both in their civil and military capacities, to the jurisdiction and laws of the state, except so far as these laws are controlled by acts of congress, constitutionally made.

6. - 3. It is presumable the framers of the constitution contemplated a full exercise of all the powers of organizing, arming, and disciplining the militia; nevertheless, if congress had declined to exercise them, it was competent to the state governments respectively to do it. But congress has ex- ecuted these powers as fully as was thought right, and covered the whole ground of their legislation by different laws, notwithstanding important provisions may have been omitted, or those enacted might be beneficially altered or enlarged.

7. - 4. After this, the states cannot enact or enforce laws on the same subject. For although their laws may not be directly repugnant to those of congress, yet congress, having exercised their will upon the subject, the states cannot legislate upon it. If the law of the latter be the same, it is inoperative: if they differ, they must, in the nature of things, oppose each other, so far as they differ.

8. - 5. Thus if an act of congress imposes a fine, and a state law fine and imprisonment for the same offence, though the latter is not repugnant, inasmuch as it agrees with the act of the congress, so far as the latter goes, and add another punishment, yet the wills of the two legislating powers in relation to the subject are different, and cannot subsist harmoniously together.

9. - 6. The same legislating power may impose cumulative punishments; but not different legislating powers.

10. - 7. Therefore, where the state governments have, by the constitution, a concurrent power with the national government, the former cannot legislate on any subject on which congress has acted, although the two laws are not in terms contradictory and repugnant to each other.

11. - 8. Where congress prescribed the punishment to be inflicted on a militia man, detached and called forth, but refusing to march, and also provided that courts martial for the trial of such delinquent's, to be composed of militia officers only, should be held and conducted in the manner pointed out by the rules and articles of war, and a state had passed a law enacting the penalties on such delinquents which the act of congress prescribed, and directing lists of the delinquents to be furnished to the comptroller of the United States and marshal, that further proceeding might take place according to the act of congress, and providing for their trial by state courts martial, such state courts martial have jurisdiction. Congress might have vested exclusive jurisdiction in courts martial to be held according to their laws, but not having done so expressly, their jurisdiction is not exclusive.

12. - 9. Although congress have exercised the whole power of calling out the militia, yet they are not national militia, till employed in actual service; and they are not employed in actual service, till they arrive at the place of rendezvous. 5 Wheat. 1; Vide 1 Kent's Com. 262; 3 Story, Const. 1194 to 1210. 13. The acts of the national legislature which regulate the militia are the following, namely: Act of May 8, 1792, 1 Story, L. U. S. 252; Act of February 28, 1795, 1 Story, L. U. S. 390; Act of March 2, 1803, 2 Story, L. U. S. 888; Act of April 10, 1806, Story, L. U. S. 1005; Act of April 20, 1816, 3 Story, L. U. S. 1573; Act of May 12, 1820, 3 Story, L. U. S. 1786 Act of March 2, 1821, 3 Story; L. U. S. 1811.

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ORIGINAL: Thadius

I am not familiar with this particular militia, and they may in fact be doing something that warrants the arrests and possible prosecutions for laws that they may have broken. I have no problem with that.

I do have an issue with the defamation of militia groups in a general way, and or folks referring to them as being illegal simply for forming. In other words, militias are as American as apple pie and baseball, and just as legal to form and join.

AGREED!