DICK ACT of 1902... CAN'T BE REPEALED (GUN CONTROL FORBIDDEN)

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    DICK ACT of 1902... CAN'T BE REPEALED (GUN CONTROL FORBIDDEN) - Protection Against Tyrannical Government
    Submitted by Jonathan on Sun, 03/29/2009 - 2:04pm.

    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.

    ** SPREAD THIS TO EVERYONE **

    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    The Dick Act of 1902 cannot be repealed; to do so would violate bills of attainder and ex post facto laws which would be yet another gross violation of the U.S. Constitution and the Bill of Rights.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

    dan
     

    vette97

    Ultimate Member
    Feb 9, 2008
    1,915
    Carroll County, Maryland
    3.60 How did the 1903 Dick Act come about?

    A. There was a wave of army reform and the National Guard Association ensured that the National Guard would survive.
    During the Spanish-American War the Army bypassed the state militias by not allowing militia units to participate; only volunteer regiments. Although individual militiamen could join a volunteer unit (and some larger militia units joined en masse), militia units themselves did not participate. Angry National Guard lobbyists didn't want that ever to happen again and lobbied for what became the Dick Act in 1903, and later lobbied for the National Defense Act of 1916.[MP]

    "In sum, the provisions of the bill [Dick bill, 1903] - essentially a compromise --eliminated once and for all the archaic Militia law of 1792. It divided American male citizenry into two classes: the National Guard (organized militia) and the Reserve Militia [this is the 1903 term for unorganized militia] in which were lumped all other male citizens between the ages of 18 and 45. National Guard organization, armament, and discipline were to be identical with those of the Federal Army... as to the Reserve Militia, this legal fiction at least perpetuated the original colonial concept of universal military obligations." - R. Ernest Dupuy, The National Guard: A Compact History p. 92
    3.61 Sections of the 1903 Dick Act

    The 1903 Militia Act, known as the "Dick Act," was named after Charles Dick, Congressman from Ohio, president of the National Guard Association and Chairman of the House Committee on the Militia.
    Section 1. "MILITIA - COMPOSITION OF"

    "That the militia shall consist of every able-bodied male citizen of the respective states...who is more than 18 and less than 45 years of age and shall be divided into two classes, the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective states or territories, and the remainder to be known as the Reserve militia."
    Section 2. "PERSONS EXEMPT"

    "That the vice-president of the United States..pilots... and all persons who are exempted by the laws of the respective States or territories shall be exempted from militia duty, without regard to age..."

    http://www.adl.org/MWD/faq3.asp#3.60
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,976
    Bel Air
    OK, so how do we use this act to change Maryland law, and Federal law for that matter? If we had no Dick (act), we would be stuck. Now we find we have a Dick (act), we need to pull this thing out and use it. We need to show our Dick (act) to the politicians who want to castrate us and tell them they can't do that. Our Dick (act) is iron-clad. Any of the laws which have been passed subsequent to this one are illegal. We can show our Dick (act) to the likes of Nancy Pelosi, Barbara Boxer, and .........Barney Frank. They will gasp in horror at the magnatude of this finding.


    Couldn't resist. Really, this could be very useful in a case.
     

    Sthomas229

    none
    MDS Supporter
    May 7, 2009
    6,667
    Laurel, MD
    OK, so how do we use this act to change Maryland law, and Federal law for that matter? If we had no Dick (act), we would be stuck. Now we find we have a Dick (act), we need to pull this thing out and use it. We need to show our Dick (act) to the politicians who want to castrate us and tell them they can't do that. Our Dick (act) is iron-clad. Any of the laws which have been passed subsequent to this one are illegal. We can show our Dick (act) to the likes of Nancy Pelosi, Barbara Boxer, and .........Barney Frank. They will gasp in horror at the magnatude of this finding.


    Couldn't resist. Really, this could be very useful in a case.

    :lol::lol2::lol: heh-heh heh-heh he said dick(act)
     

    kohburn

    Resident MacGyver
    MDS Supporter
    Aug 15, 2008
    6,796
    PAX NAS / CP MCAS
    so the fact that all men 18-45 are part of the unorganized militia so of negates the "guns are for militias" argument of the 2nd amendment.
     

    6-Speed

    Active Member
    Mar 9, 2009
    263
    MD
    so the fact that all men 18-45 are part of the unorganized militia so of negates the "guns are for militias" argument of the 2nd amendment.

    That's what I have been wondering. the fact it said-

    "That the militia shall consist of every able-bodied male citizen of the respective states...who is more than 18 and less than 45 years of age and shall be divided into two classes, the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective states or territories, and the remainder to be known as the Reserve militia."

    but what if your out of that age bracket?
     

    Deacon51

    Active Member
    Feb 28, 2007
    954
    Baltimore City
    You don't have to big out some old Dick (Act).
    TITLE 10 > Subtitle A > PART I > CHAPTER 13 > § 311 of the US code reads....
    (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
    (b) The classes of the militia are—
    (1) the organized militia, which consists of the National Guard and the Naval Militia; and
    (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

    http://www.law.cornell.edu/uscode/html/uscode10/usc_sec_10_00000311----000-.html
     

    gruntz03

    Active Member
    Jan 6, 2009
    649
    Lusby
    Heres a thought. If the anti guns say that the 2A only applies to militias, but the 2A hasn't been incorporated to the states by the 14A, can the MD National Guard disband themselves?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,976
    Bel Air
    so the fact that all men 18-45 are part of the unorganized militia so of negates the "guns are for militias" argument of the 2nd amendment.

    Actually, it does the opposite. It asserts that guns are for militias. Bad, you say? Not at all. What it does is say that guns are for militias AND that every male between the ages of 18 and 45 comprise that militia. The Founding Fathers were against a standing army, and understood the need of the citizenry to remain armed for a number of reasons. One, the defense of the nation. More importantly, the people were intended to have the arms needed to ensure that the government would not become too powerful. With all of the citizens being armed, and a small standing army, the government would be unable to become tyrannical. Self defense is also clearly the intention of the Second Amendment. This is evident in the writings of James Madison and Thomas Jefferson, among others.
     

    rrrrrrkevin

    Its comin right for me!
    Jul 18, 2008
    2,603
    North Beach
    well everyone who is 45 and up just meet up at my house instead of going to the next mdshooters militia meeting and you can turn in your guns there,just start a line at my back yard and ill collect them up there.
     

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