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Dead Constitution
See other Dead Constitution Articles

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 CAN'T BE REPEALED (GUN CONTROL FORBIDDEN) The Trump Card Enacted by the Congress Further Asserting the Second Amendment as Untouchable
Source: [None]
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: 559
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The Dick Act of 1902 cannot be repealed; to do so would violate bills of attainder and ex post facto laws which would be yet another gross violation of the U.S. Constitution and the Bill of Rights.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

www.angelfire.com/retro/voices/page2.html#1902

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#13. To: wudidiz (#0) (Edited)

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

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.

Henry Shivley says:

April 6, 2013

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.

Edited for punctuation.

GreyLmist  posted on  2013-04-11   6:56:19 ET  Reply   Untrace   Trace   Private Reply  


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