There's a lot of talk these days about substantially cutting the federal budget. Libertarians, Constitutionalists, State's Rights advocates, and Conservatives in general talk a lot about confining the federal government to its Constitutionally authorized functions - which would drastically reduce the federal budget. But when it comes to defense, many of them are reluctant to even touch the federal budget.
So in order for the defense budget to be in compliance with the Constitution, federal non-navy defense sponsorship must be reduced to zero. That would take a big chunk out of the deficit.
So what is the militia? Contrary to what you have likely been taught to believe, the militia is separate from the army. The term “militia” is simply a term to describe the armed populace. Among the few powers delegated to Washington by means of the Congress is the authority ”To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;" and ”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.”
When the militia needs to become involved in the defense of the United States as a whole, “The President shall be Commander in Chief … of the Militia of the several States, when called into the actual Service of the United States.” The rest of the time, neither Congress nor the president has any say regarding the private defense force.
But what would a Constitutionally compliant defense look like in the modern age? Defense contractors would no longer be employed by the federal government, so the cost of artillery and military vehicles would be kept to reasonable levels by a competitive marketplace. The Bill of Rights guarantees that “arms” are readily available and in no way restricted. “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Alarmists like to claim that ready availability of arms is dangerous. But strict liability for losses and damages for negligence and “collateral damage” would be maintained by a tort system that actually compensates victims and their estates. In addition to eliminating the tremendous costs associated with offensive military campaigns, such aggressors would need to pay all of the victims for damage to their person or property.
Article first appeared on Technorati: http://technorati.com/politics/article/private-defense-and-the-constitution/#ixzz1TguJcxeF