Of Militia

Americans suffer from a political disability. They no longer understand the intent of the most fundamental organs of our government. If you as the typical American ask what a militia is, they will tell likely you that it is a group of people playing army in the woods. Or even worse, they will tell that it is people organizing to fight the government. If you ask them how a militia is formed, they will reply that someone just gets a bunch of friends to follow them. Appoints himself as leader and others as subordinate officers. All of this seems to proceed out of a mythology surrounding the American War for Independence.

There is an idea that local leaders simply decided to form militia companies, and other local people fell in behind them. Then they all just marched off to fight the British. Nothing could be further from the truth. 

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Of Martial Law

Before I begin my discourses on Locke and constitutional government my wife suggested that I needed to write on the definitions of two terms: martial law and militia. I am going to discuss martial law first.

Currently, my wife and I are reading an “apocalyptic” book which deals with life after an electromagnetic pulse (EMP) takes out the power grid. I read many series of such books to my son Jarrod in the last years of his life. Through out this genre of books there is a consistent misunderstanding of marital law. Provisions for martial law are included in our State Constitutions, and has definite meaning. The martial law is a lawful power of government, and proper understanding of it and its lawful implementation is important.

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“The design and intent of our government” – A Series

Following is a communication to some of my fellows in the General Court (Legislature) of the State of New Hampshire.  For those of you who don’t know me, I have spent the last eighteen years in the Legislature.  Most of my time has been spent on the Committee on Children and Family Law, because I see it as the quintessential liberty Committee.  If you understand that the concept a man’s home is his castle is a fundamental doctrine of common law, realize that every issue that committee deals with broaches the castle walls.  The only term that I was not on Children and Family Law, I was Chairman of the Committee on Constitutional Review and Statutory Recodification.  In 2006, after my arguments were used to convince the Legislature to call itself into Session vis a vis defending its powers against encroachments by the Judiciary, I  was convinced by my mentor in the Legislature to write a commentary on the Constitutions of the State of New Hampshire.  I gained national attention for my Resolution, HCR6, “Affirming States Rights Based on Jeffersonian Principles”.

Today I find myself not running for office, in order to relocate and reorder our lives after the death of our youngest son.  For the first time in 20 years there are no sign on the road side announcing my candidacy.  So the question arises, what is my political activity for the next two years.

I have settled on a general plan.

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Sales Tax in NH – A Constitutional & NH House take on S. Dakota vs Wayfair SCOTUS decision

Recently, the Supreme Court of the United States (SCOTUS) handed down an opinion in the South Dakota versus Wayfair (SD v Wayfair). The South Dakota Legislature had passed a law that enabled South Dakota to go after taxes on purchases citizens had made from Wayfair. The S. D. Supreme Court held that the law was unconstitutional, and it was appealed to SCOTUS. Previously, SCOTUS had held the opinion that no taxes could be collected if the retailer had no substantial physical presence in the State seeking the tax revenue.

Parallel to this an organization has grown up.

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New Hampshire Governors fail in the Oath of Office

Note: we welcome Dan Itse to our ranks as a Grokster! A long time member of the NH House of Representatives, he was acknowledged to be one of the foremost experts on both the US and NH Constitutions here in the State of NH and with his first post, he does not disappoint by bringing to light some responsibilities that many of us didn’t know we had – including our elected officials!

Welcome, Dan!

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New Hampshire Governors, like every elected officer of the State and many appointed officers take an oath to uphold The Constitution of the State of New Hampshire, and the Constitution for the United States of America. However, I would wager most do not know these documents to well enough to know the full scope of or limitations upon the office they hold. Part 1, Article 24 of the Constitution of the State of New Hampshire proclaims:

“A well regulated militia is the proper, natural, and sure defense, of a State.”

This sentiment is echoed in the Second Amendment to the Constitution for the United States:

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