From Watchman.news:
This is not legal advice. Legal theory, opinion and philosophy is a niche field of study.
Current State and Federal laws say that the body of able citizenry are to be “called up” to their aid their jurisdictions to “execute the laws of the union”, especially during times of mass-felonies, invasion and insurrection. Many of these are classified as “unorganized militia” mandated under Title 10, section 311 b2 as “regulated” and employed in chain of command under their State Governors. Some are in smaller units under Sheriffs, which are officially the CEO of each County, which has leverage to call their posse at any time without such declaration by Congress, the President or Governor of their State.
80% of the States’ constitutions and laws define that the Sheriffs oaths are not to follow state laws or federal laws but only Constitutions, and that includes the prerogative under the system of laws, the law of the land, and the DOJ’s long held definition of “rule of law” that may mandate that they disobey any new stunt-politics or unconstitutional new laws.
It takes a civil militia per US Code. No tyrant ever resigned by request. We have a lot of such tyrants attacking State sovereignty. Even at State levels, they can charge someone in another state with waging insurrection within their own local state. (more on that to follow at the bottom)
Its not just Teslas! These absolutist marxists keep having mental breakdowns behind my car. Yesterday one smashed my tail light for my very small Trump campaign sticker. Photo available on request.
Tesla MUST build civil militia Armored Vehicles. Lawless violent anarchists aligned with marxist causes are attacking all vehicles with pro-Trump decals.
Without having to fully use the militia, a private / civil militia, could be called up (and such laws are listed “for executing the laws of the union”, “suppress insurrection” and “repel invasion”).
Such protected vehicles with lightweight nano tech armor, can be deployed by billionaires to help protect lawful citizens going about normal civic duties. That would be if called upon by their authorities or local representatives to act orderly per established (and unambiguous) US Law till order is restored.
In the spirit of promoting basics of nationalism and to protect against Marxist revolutions happening within America there was enacted Enforce the Anti-Communism Defense Laws. These protect American Sovereignty and Nationalism only from one type of subversive group “successors of communism”. Others like traditional nationalism would not be a candidate that this law is designed to suppress.
At the end of the day, all reverts to the unanimously defined “rule of law”.
Art. 1, s. 1 of the US Constitution lays this down most plainly: “the power is in the People who are represented by the independent States”
Art. 6, s. 1 of the US Constitution binds the definition of the People and their common law duties as:“…engagements entered into before the adoption of the Constitution, shall be valid..”.
Part of this body of the common law “engagements entered into” would be Federalist Papers #78,“the power of the People is above both (the legislative and judicial branches)”. This is echoed throughout all the Courts of the USA as the most foundational definition of the American “rule of law”.
(Sources: https://guides.loc.gov/federalist-papers/text-41-50 or USCOURTS.GOV (screenshot below, still current): It highlights the most simplistic, precise and conclusive text on “The Rule of Law at USCOURTS.GOV“.
There you may verify the Federal Courts emphasize that the Federalist paper #78 carries this main definition of the People’s superiority to their court and to the legislatures. (The People’s representative elected Sheriff being the highest law of the land, bound by oath solely to the “Sheriff’s Oath is Solely to State Constitutions and the US Constitution” (source: Legal Meaning of the Sheriff’s Oath of Office on SHERIFFS.ORG) and so Sheriffs remain the Constitutional representative of the People, not bound to carry out laws of subsequent inferior independent legislatures of their State nor are they required to obey the various judiciaries (or BAR Associations’) administrative practices, or other unelected servants, that may seek to move them contrary to the US or State Constitutions themselves.
You may wish to study more about “The Law of Posse Comitatus” .
None of this is considered legal advice It is, however a sound topic for research in law philosophy.
Most of the revolutionary founding fathers long held positions in the government before the revolution, or were attorneys themselves. So it’s also wise to be qualified if using any such statements above with appropriate application.
We all should learn the law that we’re all accountable to follow. One being the requirements to be part of the militia. The Militia is always considered one of the most disciplined, honorable, respectful toward the law and order, led by ex officers (preferable Special Forces) who were discharged with honor. These are the antithesis of the unruly communist types that are called anarchists and the present socialist insurrectionists.
The US Constitution, Art. 10 s. 311(b) (2) tells us that all able bodied (including mentally healthy) males that are not part of the regular armies are factually “the unorganized militia”.
Besides the numerous local State laws and State Constitutions that specify how the “unorganized militia” is to be provided for while independent, and used when “employed”, the US Constitution also has some Federal Provisions, namely:
Art. 1, s. 8, 14. Congress shall have power to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.
15. to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by congress.
The Government is the Guarantee that for the most part of the militia are to be specially supported with ample means to operate and be “well regulated” with regular drills etc, and that the Militia is to remain independent until employed specifically by a Government (State or Federal). Although some states may vary, most states follow the Federal definition of “unorganized militia”, and leaving them independent (without rank) until they can be “employed” officially.
STATE REPUBLIC GUARANTEE CLAUSE
United States Constitution, Art. 4, s. 4 makes it very clear that the agent created by the states “shall guarantee to every state in the union a republican form of government”.
U.S.C. Art. 1, s. 1 is even more clear that the power is not in the central government but in “each state”.
We might comment here. It does not say democracy, it says a republic for each independent state. By legal definition that is a government of law, not of men nor of the opinions of men. And of course it is not a democracy which is mob rule.
Many more great writers have said a lot about these theories, but few with any soundness or real world scenarios to entertain actual legal applicability in measured solutions. Some only act in fear, with no solution and aid in the further restricting of these mandated rights and duties. Some who work to protect these constitutional powers, should also realize there’s the risk of such getting into the wrong hands for those who may one day act in unconstitutional ways against American state sovereignty etc. Therefore some care should be taken to ensure that does not. These rights can be protected per the Glucksberg test or other private partnerships for complex scenarios.
Much can be solved by Auditing all Federal laws against the Glucksberg Test: The 2022 Overturn of Roe v Wade, US Supreme Court re-affirmed the Glucksberg test as the method to determine if a right must be protected by the Federal government, namely that anything not “deeply rooted in history and traditions of the people” is not a Federally protected right. These rights would have to be clearly upheld deep into American history, for example as this rule was applied recently in the McDonald v Chicago case to be satisfied by the English Bill of Rights from the 1600s regarding keeping and bearing arms.
MORE ON INSURRECTION AGAINST A STATE GOVERNMENT:
Art. 1, s. 1 of the US Constitution lays this down most plainly: “the power is in the People who are represented by the independent States”
Art. 6, s. 1:“…engagements entered into before the adoption of the Constitution, shall be valid..”.
The State sovereignty principle has remained foundational ever since America’s founding. The style “these united States” (lowercase u for “united”) on the Decl. of Independence was translated to be the same as today’s “the United States” since the second Continental Congress of Sept 9th, 1776 forwards.
US Const. 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.”
Normally insurrection involves actual violence to overthrow a State government (or Federal). In many states (like Missouri) it’s the felony crime of insurrection when 3 people forcibly coerce or fraudulently impede someone’s rights which are secured by their state:
Missouri Revised Statutes Section 574.070. It defines insurrection as
“An unlawful use of force or violence by three or more persons, acting in concert, for the purpose of seizing, hindering or delaying the execution of any law of this state, or of the United States, or of taking possession of any property of this state, or of depriving any person of any right or privilege secured to him by the constitution or laws of this state, or of the United States”. The State law makes it a class C felony to “knowingly participate in any insurrection” https://revisor.mo.gov/main/OneSection.aspx?section=574.070&bid=30916&hl=insurrection
The Oxford Dictionary of Law defines “use of force” as “the use of physical violence or the threat of it in order to achieve a purpose. The use of force may be lawful or unlawful depending on the circumstances and the degree of force used” https://www.police1.com/use-of-force/articles/use-of-force-defining-objectively-reasonable-force-PWAcrbxvPbB3WWIe/. It also explains that “the use of force is governed by various rules of international law, human rights law, criminal law, and civil law.”
The portion of the Missouri Insurrection clause can apply when 3 or more people threaten force for the purpose of “depriving any person of any right or privilege secured by the constitution or laws of this state…” Which could be any 3 acting together for deprivation of rights under color of law, committed by a company “….” through fraud, coercion, or other means of force by color of law.
The law of the state of North Carolina G.S. 14-8, makes “insurrection against the state” a Class F felony. This isn’t talking about the federal government but state governments.
There are many other states with similar laws. For example,
California Penal Code Section 11460 which defines insurrection as “any combination of persons to overthrow the government of this state by force or violence” and makes it punishable by imprisonment for two, four, or six yearshttps://www.law.cornell.edu/uscode/text/18/2383.
• Florida Statutes Section 876.32 which makes it a felony of the second degree to “advocate, teach, or aid and abet the overthrow by force, violence, or assassination of the government of the United States or of this state“https://www.findlaw.com/criminal/criminal-charges/rebellion-or-insurrection.html.
• New York Penal Law Section 490.05 which makes it a class D felony to “engage in insurrection against the government of this state” or “incite or urge others to engage in such insurrection”https://www.lawfareblog.com/disqualifying-insurrectionists-and-rebels-how-guide.
These are just some examples of state laws that deal with insurrection against the state. You can find more information by following the links below. https://www.law.cornell.edu/uscode/text/18/2383: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=11460https://www.findlaw.com/criminal/criminal-charges/rebellion-or-insurrection.html: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0876/Sections/0876.32.htmlhttps://www.lawfareblog.com/disqualifying-insurrectionists-and-rebels-how-guide: https://www.nysenate.gov/legislation/laws/PEN/490.05
• However, a foreign takeover of a municipality does not necessarily constitute an insurrection against the Constitution or the United States, unless it is part of a larger scheme or conspiracy to overthrow or resist the federal government or its laws. For example, if a foreign entity or agent merely influenced or infiltrated a local government through legal or legitimate means, such as lobbying, campaigning, investing, or partnering, that may not amount to an insurrection.
• Moreover, a color of law crime does not always involve actual violence, but it does require a willful deprivation of rights under the Constitution or federal law. Therefore, not every color of law crime would qualify as an insurrection, nor would every insurrection involve a color of law crime. For example, if a person acting under color of law denied someone the right to vote or to due process, that would be a color of law crime but not necessarily an insurrection. There would have to be a host of people acting in concert. In Missouri law it would require three people. Conversely, if a person engaged in violence against the federal government without acting under color of law, that would be an insurrection but not necessarily a color of law crime.https://www.fbi.gov/investigate/civil-rights/federal-civil-rights-statuteshttps://www.justice.gov/crt/deprivation-rights-under-color-lawhttps://crsreports.congress.gov/product/pdf/LSB/LSB10495https://www.law.cornell.edu/uscode/text/18/242
It May be a Color of Law Crime
• A color of law crime is a crime committed by a person acting under color of any law, statute, ordinance, regulation, or custom, who willfully deprives or causes to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. https://www.fbi.gov/investigate/civil-rights/federal-civil-rights-statutes https://www.justice.gov/crt/deprivation-rights-under-color-law https://crsreports.congress.gov/product/pdf/LSB/LSB10495 https://www.law.cornell.edu/uscode/text/18/242
Deprivation of Rights Under Color of Law
• A foreign takeover of a municipality could be considered a form of threatened violence, depending on the circumstances and the means used to achieve it. For example, if a foreign entity or agent used force, coercion, fraud, deception, or intimidation to seize control of a local government or its officials, that could be seen as a violent act or a threat of violence.
The public law federal code for color of law crimes is 18 U.S.C. § 242, which makes it a crime for any person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. https://www.law.cornell.edu/uscode/text/18/242 This statute applies to federal, state, or local officials who abuse their authority or pretend to act in their official capacity.
https://www.justice.gov/crt/deprivation-rights-under-color-law The penalty for violating this statute depends on the severity of the harm caused by the deprivation of rights, and can range from a fine or imprisonment up to one year, to life imprisonment or death sentence. https://www.law.cornell.edu/uscode/text/18/242
^1^]: [18 U.S. Code § 242 – Deprivation of rights under color of lawhttps://www.law.cornell.edu/uscode/text/18/242
^2^]: [Civil Rights Division | Deprivation Of Rights Under Color Of Lawhttps://www.justice.gov/crt/deprivation-rights-under-color-law
English 
German 
Dutch 
Polish 
Swedish 
French 
Ukrainian