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Dick Act of 1902 cannot be repealed; to do so would violate bills of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