By Publius Huldah
December 1, 2015
To All State Governors and State Legislators:
War is coming to America. Obama is importing young able-bodied males to make civilizational jihad on us; and Congress can’t summon up the moral courage to stop him.
To see what is ahead for us, watch this 20 minute video(Go here to watch the video). It depicts the Islamic takeover which is right now going on throughout... as European countries are being repopulated by millions of young able-bodied Muslim males (euphemistically called “refugees”) who are explicit about their intention to breed the native Europeans out of existence, and replace the European cultures with Islamic culture.
And Obama is bringing it here.
This paper discusses the two courses of action set forth in Federalist Paper No. 46 for situations such as this: (1) The States must refuse to cooperate with the federal government; but if that doesn’t solve the problem, (2) The States must use their State Militia to defend their State and Citizens.
Invaders are not “Refugees” or “Immigrants”
Those pushing for an Islamic takeover of Europe and North America are referring to these able-bodied young Muslim males as “refugees”. The use of that term brings the Muslims who are brought into the United States within the federal Refugee Resettlement Act. And since the Constitution delegates power over immigration to Congress, and Congress re-delegated refugee policy to the President, the States must submit to Obama’s Will and accept the “refugees” he forces on them. Thus goes the specious argument recently made by Ian Millhiser.
But we will look at the Truth.
What does our Constitution say about Immigration and Naturalization?
Immigration (or migration) pertains to new people coming to this Country to live. Naturalization refers to the process by which an immigrant becomes a Citizen.
Our Constitution does delegate power over immigration and naturalization to Congress. Article I, §9, clause 1, delegates to Congress (commencing January 1808) power to control migration. Article I, §8, clause 4, delegates to Congress power to establish an uniform Rule of Naturalization.
But what is going on now with the importation of large numbers of able-bodied young Muslim males is not “immigration” as contemplated by our Constitution. It is an act of war being committed against the People of the United States by their President. The plan is to overthrow our Constitutional Republic and set up an Islamic Caliphate over America.
That is Treason – it is Insurrection. It is not “immigration”, and it is not “refugee resettlement”.
The States must refuse to cooperate
Michael Boldin’s recent informative article explains how the federal resettlement program works: The federal government coordinates resettlement of “refugees” with non-governmental organizations (NGOs) located within the States, and thus circumvents state and local governments. Accordingly, the States should promptly stop all such NGO involvement; take control of the programs themselves; and then refuse to cooperate with the federal government.
James Madison, Father of our Constitution, spells this out in Federalist No. 46 (7th para). Respecting unpopular acts of the federal government:
“…the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the Union; the frowns of the executive magistracy of the State; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any State, difficulties not to be despised; would form, in a large State, very serious impediments; and where the sentiments of several adjoining States happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.”
But if the federal government persists, then the States must move to the next Step.
Our Constitution Imposes the Duty on the Federal Government to protect us from Invasion
Article IV, §4, requires The United States to protect each of the States against Invasion:
“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion…” [emphasis mine]
In Federalist No. 43 (3rd para under 6.), Madison says of this provision:
“A protection against invasion is due from every society to the parts composing it…” [emphasis mine]
Article I, §8, clause 15 delegates to Congress the power:
“to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions”.
Article 1, §8, clause 16 delegates to Congress the power to provide for organizing, arming, and disciplining, the Militia. The States retain the power to appoint the Officers and conduct the training.
Article II, §2, clause 1 makes the President Commander in Chief of the Militia of the several States, when called into the actual Service of the United States. [But remember: the federal government may call forth the Militia only for the three purposes listed in Art. I, §8, cl. 15].
But the federal government hasn’t called forth the Militia to protect the States from the Islamic invasion. To the contrary, the President is importing the invaders and foisting them on the States.
So! What are States and The People to do? Because the President is aligned with the invaders, and Congress filled with moral cowards, must we passively submit to having ourselves and our Christian and Jewish children killed, and then let our surviving burka dressed daughters and granddaughters be handed over to the clitoris cutters?
No! The People have the Natural Right of self-defense; and the States have the reserved Power to defend their Citizens. With the State Militia, The People and the States have the means to exercise this Natural Right and reserved Power.
The States must Revitalize their State Militia
What is the Militia? As Dr. Edwin Vieira’s excellent series  on the Militia and how it guarantees the right to keep and bear arms shows, the Militia has a long history in America. That history began with the English settlements in the early 1600s. Every free male was expected to be armed and prepared at all times to protect himself, his family, and his community. Laws in the Colonies gave effect to this requirement. So at the time of the drafting of our Constitution in 1787, everyone knew of this 150 year long history of free American males being required to be armed, trained, and ready at a moment’s notice to answer the call of Duty.
Accordingly, the above identified “militia clauses” were written into our Constitution of 1787.
In 1792, Congress implemented these militia clauses and passed “An Act more effectually to provide for the National Defense by esta...”. This Act required all able-bodied male citizens (with a few exceptions) between the ages of 18 and 45 to enroll in their State Militia, get a rifle and ammunition pouch, and train.
As Section 1 of the Act shows, the adult able-bodied male Citizens of a State are The Members of their State Militia. So, continuing the long-standing colonial tradition, Members of Congress in 1792 thought it such a fine idea that all male citizens be armed and trained and members of their State Militia, they required it by federal law!
So! As Art. I, §8, cl. 15 shows, Congress is authorized to provide for calling the Militia into national service to “execute the Laws of the Union, suppress Insurrections and repel Invasions”. But what if the federal government refuses to act?
Alexander Hamilton provides the answer in Federalist No. 29. Hamilton shows that one of the purposes of the Militia is to protect the Citizens of the States from threats to their liberties posed by the federal government (7th & 12th paras); and that the States’ reservation of power to appoint the Officers secures to them an influence over the Militia greater than that of the federal government (9th para).
And on the use of the Militia to repel Invasions, Hamilton says (13th para):
“In times of insurrection, or invasion, it would be natural and proper that the militia of a neighboring State should be marched into another, to resist a common enemy, or to guard the republic against the violence of faction or sedition…”
True, it was contemplated that the “United States” would be the entity which protects the States against Invasion (Art. IV, §4). But when the federal government has demonstrated its determination that the States ARE TO BE OVERRUN BY INVADERS, then the People have the natural right to defend themselves, and their States have the retained Power to employ the Militia to defend them from those into whose hands the federal government has demonstrated its determination to deliver them.
The States are within their retained Sovereign Power to call up their State Militia to fend off invaders. Article I, §10, last clause, is an expression of this retained sovereign Power of States of self-Defense:
“No State shall … engage in War, unless actually invaded…”
Clearly, the States may use their State Militia to engage in War to defend the States from Invasion.
James Madison spoke to the same effect as Hamilton respecting federal tyranny. In Federalist No. 46 (9th para), Madison speaks of a federal government so consumed with madness that it sends its regular army against the States:
“…Let a regular army … be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. … [To the regular army] would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. … Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms [an insurmountable] barrier against the enterprises of ambition…” [boldface mine]
Look to Your State Constitution for Provisions re Your State Militia
Article VIII of the Constitution for the State of Tennessee provides for Tennessee’s Militia. Consistent with the tradition which has existed in this Country since the early 1600s, all Tennessee Citizens are members of this Militia. Article I, §28, TN Constitution says:
“That no citizen of the state shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.”
Read your State Constitution. What does it say about the Militia? What do the implementing State Statutes say? Is your State Militia active? Why not? For information on revitalizing your State Militia, see Dr. Vieira’s three part series, “Are You Doing Your Constitutional Duty For "Homeland Security"?
Madison closes his magnificent 9th paragraph in Federalist No. 46 with this:
“…Let us not insult the free and gallant citizens of America with the suspicion, that they would be less able to defend the rights of which they would be in actual possession, than the debased subjects of arbitrary power would be to rescue theirs from the hands of their oppressors. Let us rather no longer insult them with the supposition that they can ever reduce themselves to the necessity of making the experiment, by a blind and tame submission to the long train of insidious measures which must precede and produce it.” [emphasis mine]
But we became “debased subjects of arbitrary power”. So now, will we lay down before the Invaders and Insurrectionists and those in our federal government who aid and abet them? Or we will man up, revitalize our State Militia, and show the world that we still have some “free and gallant Citizens of America” in this land?
1. Our Framers contemplated that immigration would be restricted to people who shared our culture and values – e.g., Federalist No. 2, 5th para.
But Americans got conned into believing that an ideal culture is multicultural. Thus, with Teddy Kennedy’s immigration reform act of 1965, our borders were opened to all. We congratulated ourselves on our new virtues of “tolerance” and “diversity”. But the goal of the multiculturalists was to eradicate our unique Culture – we were too gullible to see it. So now, the enemy is inside the gates, and more are coming in. And Islam doesn’t tolerate multiculturalism.
2. “Open borders” adherents bristle at the assertion that Congress has constitutional authority to restrict immigration. They insist that Art. I, §9, cl. 1 addresses only the importation of slaves and says nothing about free immigrants. But the text distinguishes between “migrations” and “importations”, and the Duty is levied on “importations”, not “migrations”. Slaves, being “property”, were “imported”. Free Europeans “migrated”. The power of the States to determine such persons as it was proper to admit, expired January 1808. There are various letters and speeches from our early days confirming this. I’ll write it up when I get time (if this doesn’t turn on the light). For now, see Federalist No. 42 (6th para):
“…Attempts have been made to pervert this clause [Art. I, §9, cl. 1] into an objection against the Constitution, by representing it on one side as a criminal toleration of an illicit practice [slavery], and on another as calculated to prevent voluntary and beneficial emigrations from Europe to America. I mention these misconstructions, not with a view to give them an answer, for they deserve none, but as specimens of the manner and spirit in which some have thought fit to conduct their opposition to the proposed government.” [boldface mine]
Our Framers understood that the national government must be able to determine who is allowed to come here. That’s why Art. I, §9, cl. 1 delegates to Congress power to control immigration, commencing January 1808. And isn’t one of your complaints against the federal government that it has refused for so long to control our Borders?
3. See the website for The Center for Security Policy (Frank J. Gaffney) HERE. There you can read The Plan of the Muslim Brotherhood to infiltrate and take over all American Institutions. They are working to make this Country part of a global Islamic caliphate. Open your eyes NOW.
4. Do read all 8 of Dr. Vieira’s papers in this series. They get very moving.
5. “Troops” as in Art. I, §10, last clause, are professional full-time soldiers. States may not keep “Troops” absent consent of Congress. But the States’ Militia is a permanent State institution. The States retain their pre-constitutional powers over their Militia, subject only to the federal government’s limited supremacy set forth in the 3 Militia clauses [See Part 2 of Dr. Vieira’s paper HERE.]
Publius Huldah is a retired attorney who now lives in Tennessee. Before getting a law degree, she got a degree in philosophy where she specialized in political philosophy and epistemology (theories of knowledge). She now writes extensively on the U.S. Constitution, using the Federalist Papers to prove its original meaning and intent. She also shows how federal judges and politicians have ignored Our Constitution and replaced it with their personal opinions and beliefs.h
I like most of her stuff. She whiffs on amendment 13 original.
islam is a major and most states militias are a joke. coopted into the national defense and sent to mid east.
Your pretty much, correct on that, has even the national guard has been co-opted, to become a part, 'n parcel of the Presidents, personal military force, while adding to its CIA capabilities. A concern the founders of this nation were concerned with, and establishing the military, citizens militia, has a public run, controlled body, being in fear of despotic rule established, and using its personal military against the public.
" the Constitution raises military issues in five sections located in Articles I (legislative branch) and II (executive branch), mostly in the former. Sections 6 and 7 of Article I prevent regular officers from serving in Congress while retaining their commissions and assign responsibility for initiating military revenue bills to the House of Representatives. Section 10 of the same article prohibits any state from maintaining troops or warships in peacetime without the consent of Congress, or from waging war unless that state is actually invaded or in imminent danger of invasion. Section 2 of Article II makes the President the Commander in Chief of the Army and Navy and of militiamen while in federal service. The heart of the Constitution's military provisions rests in the enumerated powers given to Congress in Section 8, Article I, including the key right to "provide for the common Defense." The actual wording follows rather closely on the August debates over the military clauses."
"In its totality, the Convention arrived at a very important set of decisions concerning military matters with relatively little disagreement. The delegates were able to resolve the thorny issue of potential abuses of power by inserting the Army, Navy, and militia into the same carefully structured set of checks and balances that applied throughout the Constitution. To promote efficiency, it placed the regulars under the national government, at the same time providing for a dual system of defense by dividing responsibility over the much larger militia establishment with the states. While the national government might employ the militia for the common defense, that authority was checked by the states, which retained authority to appoint their militia officers and to supervise the peacetime training of citizen-soldiers. The Founders were able to create a standing army, the hobgoblin of the Anglo-Saxon world for more than a century, by establishing much tighter civilian control over the armed forces than existed in any contemporary European country. A civilian President served as Commander in Chief; the Senate had to concur in the appointment of all senior officers; and the House of Representatives controlled financial resources. Furthermore, Mason's inclusion of a provision for limiting appropriations for the military to two years made the legislature a full partner with the executive in military matters."
STOP all the legal tripe , complaining , finger pointing..
six years later and No REvolution....small , infrequent civil disobediences accomplished NADA !
three years past and No Revolution
His first scenario , item one mirrors my plan.
we need a trigger , a blasting cap....a leader...
WAKE UP ! WE ARE OUT OF TIME !! –
Let’s focus on the real solution – reinforcing states’ rights will take too long !
On December 11 –
Ryan and Rinos will vote for the budget that will give Obama unlimited $ to start bringing in a hundred million refugees.
Obama is destroying our country in every way imaginable including, I heard, insuring Hillary as president.
All of us must read and follow the Call for Action on our website - which changes weekly.
you can also read the 10 page Articles of Impeachment at
many of the Republican Congressmen have received, read and agree with them – but they are too afraid to use them unless they get many many calls from angry Americans demanding they impeach!!
The moment these ARTICLES of IMPEACHMENT are registered with the Judiciary committee - All future executive orders will be STOPPED and America will be able to watch the impeachment hearings on CSPAN
HOWEVER – if you are okay with Obama's goal of an Islamic controlled dictatorship- do nothing.
THE CONGRESS & THE SENATE OUR COMMUNIST & THEY WANT A COMMUNIST WORLD ORDER ((((((( SO THEY MUST TAKE DOWN AMERICA ))))))) I PRAY FOR THE ASTEROID +++ IT WILL STOP ALL WARS ++++ .
James Meletiou..........below is your answer from Publiushuldah....................
Thanks for this excellent article. I have this question:
Which state(s), in your opinion, is most likely to set up a militia the way you described it in your article, and stand up to the federal government? We need some state to lead the way for other states whose officials are sitting on their butts doing nothing to fight Obama's (and Syria's) invasion.
James Meletiou, Knoxville, Tennessee
When Injustice Becomes Law
Resistance Becomes Duty
whats happen to Congress is that our Country has been hijack by CORPORATISM, hostile take over of the Republic. the UNITED STATES is a corporation, Congress is the board of director only to give lip service to people, but take on the formof the Republic, and pretend to give us service, then they should be held accountable, and charge with treason, breach of the trust of the American people.. in order for this to happen, in my opinion is that a notice must be sent each and everyone in Congress, to the three branches that they change if they do not return to the Republic and common law, rule of law,or mass arrest will follow. We the American people have been asleep to long to allow this to continue, and we are the fourth branch of the Government, not the Corporation. .. and we have the final say. with the Military and the Militia to back us up., that is our force of arm.
No, they are part of it. BIG TIME.
If more people understood this...