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Title: DICK ACT of 1902 . . . CAN'T BE REPEALED (GUN CONTROL FORBIDDEN) The Trump Card Enacted by the Congress Further Asserting the Second Amendment as Untouchable
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URL Source: http://www.fourwinds10.net/siterun_ ... _control/news.php?q=1237163642
Published: Apr 4, 2013
Author: .
Post Date: 2013-04-04 19:07:29 by wudidiz
Keywords: None
Views: 539
Comments: 19
Re- Posted Juy 24, 2012 The Dick Act of 1902 also known as the Efficiency of Militia Bill H.R. 11654, of June 28, 1902 invalidates all so-called gun-control laws. It also divides the militia into three distinct and separate entities. The three classes H.R. 11654 provides for are the organized militia, henceforth known as the National Guard of the State, Territory and District of Columbia, the unorganized militia and the regular army. The militia encompasses every able-bodied male between the ages of 18 and 45. All members of the unorganized militia have the absolute personal right and 2nd Amendment right to keep and bear arms of any type, and as many as they can afford to buy. The Dick Act of 1902 cannot be repealed; to do so would violate bills of attainder and ex post facto laws which would be yet another gross violation of the U.S. Constitution and the Bill of Rights. The President of the United States has zero authority without violating the Constitution to call the National Guard to serve outside of their State borders. The National Guard Militia can only be required by the National Government for limited purposes specified in the Constitution (to uphold the laws of the Union; to suppress insurrection and repel invasion). These are the only purposes for which the General Government can call upon the National Guard. Attorney General Wickersham advised President Taft, "the Organized Militia (the National Guard) can not be employed for offensive warfare outside the limits of the United States." The Honorable William Gordon, in a speech to the House on Thursday, October 4, 1917, proved that the action of President Wilson in ordering the Organized Militia (the National Guard) to fight a war in Europe was so blatantly unconstitutional that he felt Wilson ought to have been impeached. During the war with England an attempt was made by Congress to pass a bill authorizing the president to draft 100,000 men between the ages of 18 and 45 to invade enemy territory, Canada. The bill was defeated in the House by Daniel Webster on the precise point that Congress had no such power over the militia as to authorize it to empower the President to draft them into the regular army and send them out of the country. The fact is that the President has no constitutional right, under any circumstances, to draft men from the militia to fight outside the borders of the USA, and not even beyond the borders of their respective states. Today, we have a constitutional LAW which still stands in waiting for the legislators to obey the Constitution which they swore an oath to uphold. Charles Hughes of the American Bar Association (ABA) made a speech which is contained in the Appendix to Congressional Record, House, September 10, 1917, pages 6836-6840 which states: "The militia, within the meaning of these provisions of the Constitution is distinct from the Army of the United States." In these pages we also find a statement made by Daniel Webster, "that the great principle of the Constitution on that subject is that the militia is the militia of the States and of the General Government; and thus being the militia of the States, there is no part of the Constitution worded with greater care and with more scrupulous jealousy than that which grants and limits the power of Congress over it." "This limitation upon the power to raise and support armies clearly establishes the intent and purpose of the framers of the Constitution to limit the power to raise and maintain a standing army to voluntary enlistment, because if the unlimited power to draft and conscript was intended to be conferred, it would have been a useless and puerile thing to limit the use of money for that purpose. Conscripted armies can be paid, but they are not required to be, and if it had been intended to confer the extraordinary power to draft the bodies of citizens and send them out of the country in direct conflict with the limitation upon the use of the militia imposed by the same section and article, certainly some restriction or limitation would have been imposed to restrain the unlimited use of such power." The Honorable William Gordon Congressional Record, House, Page 640 - 1917
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#1. To: wudidiz (#0)
Cross-referencing an excerpt from Post #10 at 4um Title: Gun Confiscation - Paul Revere's Ride ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
Nonsense. The Dick Act, the Efficiency of the Militia Act of Jan. 21, 1903, 31 Stat.L. 775, 57th Congress, 2nd session, chapt 196 (Public Law 33), simply made the organized militia the National Guard, the unorganized militia the Reserve Militia, excluded a very considerable portion of the population (all women, any man below 18 or older than 45, any man with a disability, most federal officials, etc.) from any militia, and provided for the activation of the organized militia in the service of the federal govt. It further provided that the federal govt would provide the militia with approved firearms and ammunition. Far from being un-repeal-able, several sections of the original Dick Act have already been repealed and most of the surviving sections have been amended since 1903. The story that somehow repeal or amendment of the Dick Act constitutes an ex post facto law or a bill of attainder simply shows that the person making that claim doesn't understand the basics of those concepts. IF the Dick Act is regarded as the only valid firearms legislation, then the result is this: No woman can have a gun, no male younger than 18 or older than 45 can have a gun, no male with a physical disability can have a gun, no Member of Congress can have a gun, no one working for the Postal Service can have a gun, etc. etc. And those who are still permitted to have guns are limited to the firearm and ammunition provided by the federal govt.
Nonsense. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
You obviously haven't bothered to read the Dick Act yourself. The Dick Act, To Promote the Efficiency of the Militia, 1903 After you've done that, you can see if the courts agree with your interpretation: Andrews v. US (ND Okl., Oct., 24, 2006) 2006 u.s.dist. LEXIS 78198 scholar.google.com/schola ...? case=2329129178041050445 and
I scanned through your voluminous assignments. Am not at leisure presently to read through it all more intently. What you need to do, though, and at your earliest convenience, is to set aside your lefty, rubber-stamping court-mentality regarding what is or isn't valid firearms legislation and just meditate on the 4-word phrase of the 2nd Amendment, "shall not be infringed."
------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
And you focus on the three word phrase "well regulated militia".
I really would like to do that but where are they? Since you didn't give a description of what you think they would look like, I'm just going to have to use James Madison's: ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
What you need to do, though, and at your earliest convenience, is to ignore (BOZO) that asshole so that he/she/it might just go away. We should all be livid. Stop acting like docile, mentally castrated pussies and grow a pair. It's time to get in their face. Why should we speak in hushed tones and act all polite when we are being raped every day?
I'd rather not bozo anyone or be so rude as to deliberately ignore someone who usually debates me in a somewhat civil manner unless the issue is Article II, Section 1 of the Constitution -- the natural born citizenship requirement for the Presidency.
------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
....It is shoonra.... IF you are that eager to be more effective you would have better chances speaking at a local HOA meeting or CIty council meeting. Rather than shoonra. That is my opinoine., __ There are only two kinds of americans left in the USA those opposed to the tyranny and those that are wrong. Resist propaganda, Support strict constitutional adherence!
I don't often get this much conversation from my postings. All in all, I'd say it's been positively more communicative here than an echo chamber.
------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
The Dick Act of 1902 - Posted on April 5, 2013 at fromthetrenchesworldreport.com That article is similar to the opening post but with additional info. One of the comments there sounds like it could possibly be from Militia scholar, Dr. Edwin Vieira, Jr., as indicated, so am posting it here along with part of another by one of the authors there: Edwin Vieira, Jr. says: April 6, 2013 Henry Shivley says: April 6, 2013 Edited for punctuation. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
Excerpts: ...a 1912 ruling by the Judge Advocate General that Congress was in error when it approved the use of the Guard outside the United States... Comparing those excerpts to these from the thread's opening article: Attorney General Wickersham advised President Taft, "the Organized Militia (the National Guard) can not be employed for offensive warfare outside the limits of the United States." The Honorable William Gordon, in a speech to the House on Thursday, October 4, 1917, proved that the action of President Wilson in ordering the Organized Militia (the National Guard) to fight a war in Europe was so blatantly unconstitutional that he felt Wilson ought to have been impeached. I have not been able to locate the text for that 1908 amendment, just this vote count that shows it was passed by a Congress with no sense of Constitutionality: Other than the history.army.mil link that you provided by William M. Donnelly on THE ROOT REFORMS AND THE NATIONAL GUARD, even descriptions of the 1908 amendment are rather scarce (probably because it is so blatantly Unconstitutional) but this site gives some coordinates: Records of the National Guard Bureau [NGB] 168.3 Records of the Militia Division and the Division of Militia Affairs< ...By War Department order, February 12, 1908, confirmed by the Second Militia (Dick) Act (35 Stat. 399), May 27, 1908, Division of Militia Affairs, superseding the Militia Division, established in the Office of the Secretary of War... Found these two books online by the United States Army, Office of the Judge Advocate General, and did searches on the left sidebars for "1908 35 Stat. 399" and "35 Stat. 399". The first book corroborates (at Page 702 - sections I A and I A 1.) the bolded excerpt quoted above from your linked source on the 1908 amendment. Additionally, it's also stated there that a President can't even Constitutionally order the Organized Militia/National Guard to garrison Military posts made vacant by sending troops of the Regular Army beyond the continental limits of the United States. Opinions of the Judge Advocate General of the Army, Volume 2 Congress moving unlawfully to send our Militia units out-of-country/overseas was likely arranged in preparation for WWI, imo. Since Congress and many so-called officials rarely do anything that's Constitutional, they're outlaws -- not America's legitimate authorities. Edited for spacing and to rephrase sentence 1 of last paragraph. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
The fact is that the President has no constitutional right, under any circumstances, to draft men from the militia to fight outside the borders of the USA, and not even beyond the borders of their respective states. Today, we have a constitutional LAW which still stands in waiting for the legislators to obey the Constitution which they swore an oath to uphold. Cross-referencing pertinent history at Post #82 of 4um Title: Daryl Hannah and Elderly Land Owner Arrested for Trespassing on Land Stolen Under Eminent Domain ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
Cross-referencing more pertinent history at Post #83 of 4um Title: Daryl Hannah and Elderly Land Owner Arrested for Trespassing on Land Stolen Under Eminent Domain
------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
And the federal statute for the Dick Act is Title 10 USC Sec 311. uscode.house.gov/download/pls/10C13.txt
See post #17.
In 1786 he was sent to the Annapolis Convention, and in 1788 to the Continental Congress.[1] "Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom? Congress shall have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American ... The unlimited power of the sword is not in the hands of either the federal or state governments, but where I trust in God it will ever remain, in the hands of the People." — Tench Coxe, 1788. What distinguishes those engaged in militia from an army 1.The authority for militia is any threat to public safety. — Reference: constitution.org Edited for formatting. ------- "They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC
definitions.uslegal.com: Dick Act Law & Legal Definition
The Dick Act of 1902 is a federal law that invalidated all gun-control laws in the U.S. it is also known as the Efficiency of Militia Bill as it divides the militia into distinct and separate entities.
#2. To: GreyLmist (#1)
"Freethinkers are those who are willing to use their minds without prejudice and without fearing to understand things that clash with their own customs, privileges, or beliefs. This state of mind is not common, but it is essential for right thinking; where it is absent, discussion is apt to become worse than useless." ~ Leo Tolstoy
#3. To: wudidiz (#0)
(Edited)
#4. To: Shoonra (#3)
IF the Dick Act is regarded as the only valid firearms legislation, then the result is this: No woman can have a gun, no male younger than 18 or older than 45 can have a gun, no male with a physical disability can have a gun, no Member of Congress can have a gun, no one working for the Postal Service can have a gun, etc. etc. And those who are still permitted to have guns are limited to the firearm and ammunition provided by the federal govt.
#5. To: GreyLmist (#4)
(Edited)
It's 32 Statutes at Large 775-780.
US v. Hale (8th Cir., June 10, 1992) 978 F.2d 1016, 36 Fed.R.Evid.Serv. 1034, cert.denied 507 US 997
#6. To: Shoonra (#5)
#7. To: GreyLmist (#6)
#8. To: Shoonra (#7)
And you focus on the three word phrase "well regulated militia".
#9. To: GreyLmist (#6)
What you need to do, though, and at your earliest convenience, is to set aside your lefty, rubber-stamping court-mentality regarding what is or isn't valid firearms legislation and just meditate on the 4-word phrase of the 2nd Amendment, "shall not be infringed."
#10. To: noone222 (#9)
#11. To: GreyLmist (#10)
I'd rather not bozo anyone or be so rude as to deliberately ignore someone who usually debates me in a somewhat civil manner unless the issue is Article II, Section 1 of the Constitution -- the natural born citizenship requirement for the Presidency.
#12. To: titorite (#11)
#13. To: wudidiz (#0)
(Edited)
The “Dick Act:” was passed in 1903, not 1902, and has been amended subsequently. The notion that it cannot be repealed is an absurdity. The National Guard is not any form of “militia”, but consists of the “Troops, or Ships of War” which the States may keep in time of peace with the consent of Congress, under Article I, Section 10, Clause 3 of the Constitution. Constitutionally, there is no such thing as an “unorganized militia”, or as “the Militia of the United States” (the Constitution recognizing only “the Militia of the several States”). True enough, the Second Amendment cannot be violated; and most “gun control” statutes are unconstitutional. But this has nothing to do with the “Dick Act”. Indeed, the “Dick Act” was an attempt to circumvent the Second Amendment, as well as Article I, Section 8, Clauses 15 and 16 of the Constitution.
The 2nd Article to our Bill of Rights is absolute law. We do not need to enforce the Dick Act, but rather the 2nd Article, as it is written, and free of infringements.
#14. To: wudidiz (#2)
(Edited)
In 1908 the act was amended
In 1908 the act was amended. The nine-month limit on federal service was deleted; the President would now set the length of federal service. The ban on Guard units serving outside the United States was dropped.
The National Guard Militia can only be required by the National Government for limited purposes specified in the Constitution (to uphold the laws of the Union; to suppress insurrection and repel invasion). These are the only purposes for which the General Government can call upon the National Guard.
This is Google's cache of
http://www.govtrack.us/congress/votes/60-1/h228.
It is a snapshot of the page as it appeared on Mar 14, 2013 17:37:02 GMT. This is Google's cache of
http://www.archives.gov/research/guide-fed-records/groups/168.html.
It is a snapshot of the page as it appeared on Mar 24, 2013 09:09:59 GMT.
1903-16 A Digest of opinions of the Judge Advocates General of the Army, 1912
#15. To: wudidiz (#0)
During the war with England an attempt was made by Congress to pass a bill authorizing the president to draft 100,000 men between the ages of 18 and 45 to invade enemy territory, Canada. The bill was defeated in the House by Daniel Webster on the precise point that Congress had no such power over the militia as to authorize it to empower the President to draft them into the regular army and send them out of the country.
#16. To: All (#15)
#17. To: wudidiz (#0)
(Edited)
The three classes H.R. 11654 provides for are the organized militia, henceforth known as the National Guard of the State, Territory and District of Columbia, the unorganized militia and the regular army. The militia encompasses every able-bodied male between the ages of 18 and 45. All members of the unorganized militia have the absolute personal right and 2nd Amendment right to keep and bear arms of any type, and as many as they can afford to buy.
#18. To: Shoonra (#5)
#19. To: wudidiz, All (#0)
(Edited)
The militia encompasses every able-bodied male between the ages of 18 and 45. All members of the unorganized militia have the absolute personal right and 2nd Amendment right to keep and bear arms of any type, and as many as they can afford to buy.
Tench Coxe (May 22, 1755 – July 17, 1824) was an American political economist and a delegate for Pennsylvania to the Continental Congress in 1788-1789. He wrote under the pseudonym "A Pennsylvanian".
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