By Gary Hunt ——Bio and Archives--July 21, 2014
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Article I, § 8, clause 15-- The Congress shall have the Power... To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.Secondly, a guarantee (the only guarantee in the Constitution), with the mandatory "shall":
Article IV, § 4-- The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.It is apparent, then, that protection from invasion warrants the attention, and cooperation, of the federal government. However, we must consider whether the States lost their right to repel invasion, absent the federal government fulfilling their oblation and guarantee. This, then, leads us to the 10th Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.Congress was given the Power, though nothing makes that Power exclusive. If it had been exclusive, surely a prohibition against the state protecting its borders would have been written as a prohibition in Article I, Section 10. Well, that all makes sense; however, can that right to protect a State's borders be affirmed by example? Answer: Most assuredly. Though the incidents being used to demonstrate this "Right of the State" to protect its borders were from the early part of the 19th Century, there have been no changes to the Constitution that would eliminate that right.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.This is further supported by the oft-overlooked Ninth Amendment:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.Ultimately, the final decision to act is in the hands of the People. It is their country; It does not belong to the Government. If the government refuses to act, especially, when the laws of the land require such action, both of federal and state government, the People are left naught -- except to act on their own behalf -- for their sake and the sake of their posterity. This article can be found on line at Liberty or Laws? -- Militia in Defense of the State
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Gary Hunt was a Professional Land Surveyor. Having been the County Surveyor for Orange County, Florida from 1974 to 1978, he began private practice in 1978 and continued as such until 1993, when events in Waco, Texas caused him to leave his business in pursuit of restoring the Constitution.
In 1989, he began researching, investigating and studying history, law and events where the government was “pointing its guns in the wrong direction”. He began publishing a patriot newspaper, “Outpost of Freedom”, in February 1993.
Since that time, he has investigated numerous occurrences, including, Waco, the Murder of Michael Hill, Ohio Militia Chaplain, Oklahoma City Bombing, and other events. He has attended the sites to investigate the events, and has reported on his investigations.
He has continued to report on his findings on the Internet, as well as write articles about other current events; about the history of the Revolutionary era; and the founding documents.
His Internet home page is outpost-of-freedom.com