24 Jun 19
By Stan Zezotarski
To understand the National Guard, we must first understand the history and role of the citizen-soldier which began as a member of the colonial militia, also known as a “Minuteman.” These Minutemen were not drawn to fight in Concord and Lexington in 1775 by some modern day notion of a “right to serve;” it was the thirst in their souls crying for “certain inalienable Rights” that called them to serve and fire the “shot heard around the world.”
It was those Natural Laws and Laws of Nature bestowed by the Creator that the Imperialist British Crown sought to suppress in those days. From the beginning, the Colonies were reluctant to establish an Army to fight for these rights, preferring to leave their fate to the citizen-soldier militias of that era.
“From an excess of tenderness, we were unwilling to raise an Army, trusting our cause to the temporary defense of a well-meaning militia, said Thomas Payne in his pamphlet Common Sense.”. If God had not blessed America with a core of professional soldiers, the citizen-soldiers alone would not have had the temerity to persevere to victory through what Payne describes in his essay “The Crisis,” as the “Times that Try Men’s Souls.”
“I always considered a militia the best troops in the world for a sudden exertion, but they will not due for a long campaign,” Payne wrote, adding: “It was good timing that American Revolution occurred when it did,” the Nation had professional military officers with experience from the French Indian Wars, but did “not have the numbers.”
This hybrid force of Citizens and professional soldiers bolstered Our Founding Fathers’ to frame a Declaration of Dependence upon God as the Venerable Fulton Sheen interprets the Declaration of Independence. When Independence arrived, this system of a small-standing Army supported by state militias was codified into the Constitution.
The Constitution granted Congress the power to call forth the Militia to “Execute the Laws of Union, Suppress Insurrections and Repel Invasions.” This included the authority to discipline the militia. Under our current system, the President of the United States is Commander-in-Chief of the Army, Navy, and the militia of the several states.Governors are reserved the right to appoint a small cadre of officers to act as their senior military advisers and establish militias under Congressional approval and oversight by the active military.
The citizen-soldier members of the militias became both an instrument of peace in their civilian occupations as part of their ultimate destiny to fulfill Isiah’s prophecy to “beat swords into plowshares, and spears into pruning hooks; and concurrently as an instrument of war, vigilant in their duty as a provisional force to preserve the “repose of peace” that “bids the defiance of foreign aggression.” In essence, the role and responsibility of the Minuteman was to keep the peace by being ready to engage in war at “a moments notice.”
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But a Magna Carta demon lurked inside the Republic, deluding state governments into believing governments granted rights, bringing them into conflict with the Declaration of Independence’s proclamation that God bestowed unalienable rights and what remained was bestowed or retained by the people themselves. A conflict that brew a feud between governors and POTUS over control of the state militias.
What followed was a series of militia reforms. The Militia Acts of 1792, the upshot of the Battle Wabash Creek in 1792, placed restraints on Governors by directing states to organize citizen-soldier militias into designated units under the command of the POTUS. President George Washington invoked these authorities to suppress the Whisky Rebellion in 1794.
Governors countermanded this authority in the War of 1812 by refusing to send the state militias. The consequences were nearly fatal for the Republic. One need only to look at the disastrous campaign in Canada and the burning of the White House to see how close we came to losing the war. President John Quincy Adams tried to recoup these “dislocated members” of state militias into the “whole body” of the Army’ in 1825 by establishing the Barbour Board. This board was commissioned to evaluate the state of the militias and offer recommendations for standardizing the training and professionalism of the force. In his State of the Union Address, Adams said:
“The organization of the militia [state militias] is yet more indispensable to the liberties of the country. It is only with an effective militia that we can at once enjoy the repose of peace and bid defiance to foreign aggression.”
But the states rejected the recommendations, resulting in a curious assortment of rogue state militias, occasionally with a cast of colorful characters, thugs, brutes, and drunkards, whose loyalty to the Nation was nebulous.
Such as the rogue Georgia Guard that Georgia Gov. George M. Troup summoned in 1829 to shuffle the Native Americans around their lands. A fabricated mission invented to resist President Adams’ warning to send in the US Army if the Cotton States threatened the sovereignty of the Chickasaw, Choctaw, Muscogee-Creek, Seminole, and original Cherokee Nations. In the end, North Carolina, Florida and Tennessee petitioned Congress for the Indian Removal Act, leaving the Army with the job of doing the dirty work of moving 6,000 Native Americans off their lands permanently in what History shamefully records as the “trail of tears.”
During the Civil War, the Declaration of Independence’s rights of man clashed with the Magna Carta’s states’ rights. Igniting the militia feud as Seven slave states rolled their citizen-soldier militias into the Confederate States Army, and succeeded; besieging Ft. Sumpter on April 12, 1861 until it surrendered and launching America’s bloodiest war.
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Stripped of gubernatorial control over militias after the Civil War, Southern state legislatures clung to their Magna Carta by enacting “Black Codes” to restrict African American labor following the Civil War. The untimely death of Abraham Lincoln brought Andrew Johnson to the presidency. Johnson was a Southern Democrat and an avowed racist. Southern politicians exploited Johnson’s Southern sympathies to emasculate the Freedmen’s Bureau, escalating racial tensions, and politicizing the Union Forces occupation into a police action during the Reconstruction Era. In effect, a police state that deprived the old Confederacy of resources and destroyed the morale of its people. The outcome was the Posse Comitatus Act.
The Militia Act of 1903, was sponsored by Sen. Charles Dick of Ohio. This flushed out the Minuteman Family by officially sanctioning the Reserve Components as provisional militias attached to the Pentagon; while cutting a slice of the Minutemen to the states — the National Guard. This redefined the Constitutional Lanes, of sorts, for Presidential and Gubernatorial control of militias. States conscripted citizens, collaborated in training and military education, and controlled in-state missions. The Federal Government paid for all training, equipping, and administrative overhead and controlled out-of-state missions.
The Dick Act was updated with the 1916 Militia Act, establishing the “Division of Militia Affairs,” today’s National Guard Bureau, divesting governors of any administrative or training oversight of State National Guards. The Act also expanded POTUS’ authority over the National Guard for overseas deployment.
The NDAA amendments of 1933 clarified that the National Guard is a federal component and defined lanes: POTUS is in charge of the National Guard for all federal emergencies; states reimburse the federal government for use of Guard resources for all emergencies when called by the Governor, i.e. state activation. Under certain circumstances and with POTUS approval, governors can mobilize their respective National Guard for state missions under state laws at federal government’s expense.
But no contextual reference exists in the Constitution or federal law bequeathing Governors the title CINC . In addition, nothing in federal law indicates that a State Adjutant General is anything more than the Governor’s senior military advisor. Nevertheless, the reforms made the militia the effective force that President Adams envisioned, and ensured the militia fit seamlessly into the Active Duty rotations during every American war in the 20th Century and beyond. So much so that Gen. George Patton warned British General Sir Harold Alexander of the far-reaching political repercussions in America if the 15th Army Group Commander removed the National Guard’s 34th Infantry Division from the Tunisian Campaign.
On the Domestic front, Governors were deprived of “Trail of Tears” bag of tricks to use the National Guard to impede federal mandates to: enforce Brown v. Board of Education in 1957; to stop James Hood and Vivian Malone from enrolling at the University of Alabama in 1963; disburse Selway to Montgomery, Alabama Civil Rights Peace Marchers in 1964; or pull a “War of 1812” ruse to Countermand Presidential callups for overseas training deployments as upheld by the Supreme Court in Perpich V. Department of Defense.
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Governors stepped out of their Constitutional Lanes after Hurricane Katrina in 2005. When looters and rioters spun out of control in New Orleans, Louisiana Gov. Kathleen Blanco became unhinged. She purportedly marched the National Guard into the City to replace civilian law enforcement announcing they were en route with orders to “shoot and kill.”
Instead of allowing Blanco to suffer the consequences of her mismanagement of the catastrophe as her state’s Chief Executive Officer for Emergency Management, President Barack Obama rewarded her gubernatorial ineptness by expanding gubernatorial militia powers with Executive Order # 13528: the Council of Governors in 2010.
The Council of Governors promptly crafted the Dual Status Command which, in essence, created two commands: a gubernatorial chain; and the POTUS chain. Bifucrating Article 2 of the U.S. Constitution, blurring the lines of Constitutional Militia Authority, and obscuring Posse Comitatus by placing federal troops at the disposal of the Governor to potentially use for police matters.
When President Obama elevated the Chief, NGB to the Joint Chiefs of Staff with the stroke of a pen, he alienated the National Guard’s Minuteman counterparts from the Joint Command Structure: the Army, Air Force, Navy, and Marines Reserves. Depriving the JSC of its Goldwater-Nichols Act mandate to consolidate the family of Minutemen Components into a Joint Reserve Command capable of responding to Homeland Defense for threats such as the Border invasion.
It was the War of 1812 déjà vu, as Governors from California, Wisconsin, Montana, Colorado, Oregon, Connecticut, Delaware, Maryland, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, and Virginia, in effect, countermanded the POTUS’ order to deploy their state National Guards to the border Humanitarian Crisis. This exposed the political patronage nature of the CNGB/JSC seat and his conflict of interest of serving the POTUS and 54 states and territorial governors. It also revealed the CNGB’s impotency to synchronize land, air and sea capabilities of the Reserve Components who also share the Minuteman heritage.
Trapping the militia feud in Philosopher George Santana’s Time Machine; that centrifuge History of Doom that keeps repeating itself until one learns not to repeat it. The lesson former slave states learned well, now repatriating for their sin of human slavery by outlawing abortion and enacting heartbeat laws to emancipate the unborn.
A morel Blue States, or the Sanctuary States, refuse to heed as they band together to protect the new institution of oppression — ownership of one’s gender identity; the slavery spurring the abortion, divorce, eugenics, pornography, fetal stem cell research, Human body parts, and industrialized farming plantations. Displacing the spiritual inspiration that once called the Minuteman to Lexington with the new “right to service” philosophy for material gains.
The consequences are skewed career officer path to the JCS that only a handful of National Guard officers can climb. A ladder that involves gubernatorial horse-trading for appointments, pork-barrel legislation for non-essential programs, jockeying for war assignments, and chronic deployments for troops they drag along with them. Contributing to the deterioration of troop welfare and morale. As evidenced by 10,000 troops short-changed bonuses; and a decline in spiritual fitness as observed by the disproportionally higher rate of suicides in the National Guard than the other service components. Pushing the Minuteman’s destiny to fulfill Isiah’s prophecy to the brink of extinction.
Which makes the DSC and CNGB JSC appointment dangerous to union of the states and the National Security. They’re self-serving. They provide a pathway of treason and sedition for Sanctuary States wishing to mobilize their state National Guard’s alliance to a new Nation — the LGBTQ Nation. A Nation with its own flag, and their own Declaration of Independence from God, a.k.a. Equality Act. With adjutant generals from California, New Mexico, Oregon, Nevada, and Washington National Guards in public rebellion against the Trump Administration’s Transgender policy. Drawing a new Mason-Dixon Line with their campaign to do away with the electoral college is now also the latest rage, while singing a new song of Dixie of “the times that tried men’s souls” is all but forgotten.
The Minuteman’s extinction serves China’s purposes. With this cornerstone for a Peace through Strength kicked out from under the Constitution, the Communist Empire can use Sanctuary State Governors as their useful fools to disrupt the Homeland Defense and interrupt National Guard participation in Pacific Theatre military exercises and operations. With California’s Attorney General’s Xavier Becerra’s penchant for taking legal action against everything anti-Trump or abortion, one cannot put it past him to challenge Perpich V. Department of Defense to block the Trump Administration National Guard deployments in support of China’s whims and objectives.
Some may argue that these scenarios are an exaggeration. But with the LBGT’s hostile barriers for civil discourse and the looming challenge to Roe V. Wade, one cannot be certain what radical Sanctuary State governors will do these days.
NGB claims the DSC and CNGB appointment to JCS are the most significant developments since the Militia Act of 1903.” In this post I advanced the thesis that Executive Order13528 is the most significant gubernatorial overreach of militia power since 1903; and that a Joint Reserve Command JSC chair is in arrested development. President Trump can return governors to their lanes by rescinding EO 13528; and Make America’s National Guard Great Again by swapping the CNGB seat for a Joint Reserve Component Command chair on the JCS by ordering it in the 2020 NDAA.
And if I may borrow a variation of a popular theme: MANGGA!
Stan Zezotarski is president of the National Guard Association of California.