The Potowmack Institute

Appendix B
Potowmack Institute, amicus curiae
US v. Emerson, Fifth Circuit, Case No. 99-10331

1. Testimony of Norman Olson of the Michigan Militia; and,
2. John Trochman and Bob Fletcher of the Militia of Montana before the Senate Subcommittee on Anti-Terrorism, June 15, 1995.

[TOP] [BOTTOM] [Militia of MT]

1. Mr. Norman Olson, Michigan Militia:

Thank you for the opportunity to testify today. The following statement will attempt to answer the question of the legitimacy and the need of the citizen militia.

Not only does the Constitution specifically allow the formation of a Federal Army, it also recognizes the inherent right of the people to form militia. Further, it recognizes that the citizen and his personal armaments are the foundation of the militia. The arming of the militia is not left to the state but to the citizen. However, should the state choose to arm its citizen militia, it is free to do so (bearing in mind the Constitution is not a document limiting the citizen, but rather limiting the power of government). But should the state fail to arm its citizen militia, the right of the people to keep and bear arms becomes the source of the guarantee that the state will not be found defenseless in the presence of a threat to its security. It makes no sense whatsoever to look to the Constitution of the United States or that or any state for permission to form a citizen militia since logically, the power to permit is also the power to deny. If brought to its logical conclusion in this case, government may deny the citizen the right to form a militia. If this were to happen, the state would assert itself as the principle of the contract making the people the agents. Liberty then would depend on the state's grant of liberty. Such a concept is foreign to American thought.

While the Second Amendment to the US Constitution acknowledges the existence of state militia and recognizes their necessity for the security of a free state; and, while it also recognizes that the right of the people to keep and bear arms shall not be infringed, the Second Amendment is not the source of the right to form a militia nor to keep and bear arms. Those rights existed in the states prior to the formation of the federal union. In fact, the right to form militia and to keep and bear arms existed from antiquity. The enumeration of those rights in the Constitution only underscores their natural occurrence and importance

According to the Tenth Amendment, ultimate power over the militia is not delegated to the Federal government by the Constitution nor to the states, but resides with the people. Consequently, the power of the militia remains in the hands of the people. Again, the fundamental function of the militia in society remains with the people. Therefore, the Second Amendment recognizes that the militia's existence and the security of the state rests ultimately in the people who volunteer their persons to constitute the militia and their arms to supply its firepower. The primary defense of the state rests with the citizen militia bearing its own arms. Fundamentally, it is not the state that defends the people, but the people who defend the state.

The second line of defense of the state consists in the statutory organization known as the National Guard. Whereas the National Guard is solely the creation of the statutory law, the militia derives its existence from the inherent inalienable rights which existed before the Constitution and whose importance are such that they merited specific recognition in that document. While the National Guard came into existence as a result of legislative activity, the militia existed before there was a nation or a constitutional form of government. The militia consisting of people owning and bearing personal weapons is the very authority out of which the United States Constitution grew. This point must be emphasized. Neither the citizen's militia nor the citizen's private arsenal can be an appropriate subject of federal regulation. It was the armed militia of the American colonies whose own efforts ultimately led to the establishment of the United States of America! While some say that the right to keep and bear arms is granted to Americans by the Constitution, just the opposite is true. The Federal government itself is the child of the armed citizen. We the people are the parent of the child we call government. You, Senators, are part of the child that We the People gave life to. The increasing amount of Federal encroachment into our lives indicates the need for parental corrective action. In short, the Federal government needs a good spanking to make it behave.

[TOP] [BOTTOM] [Militia of MT]

One other important point needs to be made. Since the Constitution is the limiting document upon the government, the government cannot become greater than the granting power, that is the servant cannot become greater than his master. Therefore, should the Chief Executive or other branch of government, or all branches together act to suspend the Constitution under a rule of martial law, all power granted to government would be canceled and defer back to the granting power, the people. Martial law shall not be possible in this country as long as the people recognize the Bill of Rights as inalienable.

Since the power of self defense and the defense of the state is ultimately vested in the people, there is no possible way that a Governor or the Chief Executive of the United States, or any legislative body can "outlaw" the citizen militia for to do so would rob inherent power from the people. If that were to happen, our entire form of government would cease.

Historically, we have found that the Governor's militia, that is the National Guard, is intended to reduce the need for the citizen militia. Simply, if the National Guard did it's job in securing the state, the citizen militia would not emerge. That it has emerged so dramatically seems to indicate that the people do not feel secure. Simply stated, the growing threat of centralized Federal government is frightening America, hence the emergence of the citizen militia. When government is given back to the people at the lowest level, the citizen militia will return to its natural place, resident within the body of the people. Civil war and revolution can be avoided by re-investing governing power to the people.

To summarize: Citizen militia are historic lawful entities predating constitutions. Such militia are "grandfathered" into the very system of government they created. The Constitution grants no right to form militia, but merely recognize the existing natural right of all people to defend and protect themselves. The governments created out of well armed and free people are to be constantly obedient to the people. Any attempt to take the means of freedom from the people is an act of rebellion against the people.

In order to resist a rebellious and disobedient government,the citizen militia must not be connected in any way with that government lest the body politic loose its fearful counterbalanceas the only sure threat to a government bent on converting free people into slaves.

Submitted by Norman E. Olson


2. Militia of Montana before the US Senate Subcommittee on Anti-Terrorism, June 15, 1995:

Militia of Montana

PO Box 1486
Noxon, MT 59853
406-847-2735 voice only
406-847-2246 v/fax

John E. Trochman/Bob Fletcher:

Greetings from Montana:

It is saddening that this opportunity to address the Senate has arisen out of Oklahoma Tragedy. We whole heartedly denounce the deplorable act of violence. We have and will continue to assist in any manner to apprehend all persons that may have planned and/or carried out that dastardly deed at whatever level they may hide.

At the present time we view the militia movement as a giant neighborhood watch. The movement is made up of a cross section of Americans from all walks of life, with one singular mandate which is public and overt: The return to the Constitution of the United States, as your oath implies.

The Declaration of Independence gives excellent insight as to why people feel the need to group together and participate in militia/patriot organizations. This document speaks for itself once again as it did over 200 years ago when flagrant injustices continued "out of control" by oppressive public servants. We request that this document be entered into the permanent record as a partial support document to our statements.

The following are just a few examples as to why Americans are becoming more and more involved in militia/patriot organizations.

The high office of the presidency has been turned into a position of dictatorial oppression through the abusive use of executive orders and directives thus leaving Congress stripped of its authority. When the President overrules Congress by executive order, representative government fails.

When government defines human beings as a biological resource under the United Nations ecosystem management program, maintaining that state and local laws are barriers to the goals of federal government, when the average citizen must work for half of each year just to pay their taxes, while billions of our tax dollars are forcibly sent to bail out the banking elite, while our fellow Americans are homeless, starving and without jobs, Congress wonders why their constituents get upset.

When government allows our military to be ordered and controlled by foreigners, under presidential orders, allowing foreign armies to train on our soil, allowing our military to label "caring" patriots as the enemy, then turns their tanks loose on US citizens to murder and destroy or directs a sniper to shoot a mother in the face while holding her infant in her arms, you bet your constituents get upset.

When government refuses to hold hearing on government sanctioned abuses, and whitewashes those hearings that are held, when government tampers with or destroys evidence needed to solve a crime and now considers the very idea of infringing upon people's rights of freedom of speech, assembly and the right to redress after having destroyed the second and fourth article, how can senators and representatives even question the loyalties of concerned Americans without first cleaning their own house.[?]

"The law perverted and the police powers of the state perverted along with it!! The law not only turns from its's proper-purpose. The law becomes the weapon of every kind of greed. Instead of checking crime, the law itself becomes guilty of the evils it is supposed to pursue." Frenchman, Frederick Bastiat 1884.

We the people have had about all we can stand of the twisted, slanted, bias media in America who take their signals from a few private, covert interest groups bent on destroying what's left of the American way. We respectfully request that you rely upon your own investigations, steering clear of the media and their rumor-gossip mills of dis-information.

Although most everyone in the movement has assembled around the First Amendment "freedom of speech and the right to peaceably assemble" we have not forgotten what our Founding Father have stated about the Second. Former President James Madison: "A well-regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country"; former Vice President Elbridge Garry [sic]:"I ask what is the purpose of the militia? To offset the need of the large standing armies, the bane of liberty."

Why would he call the armed forces the bane of liberty? Why is the Pentagon waging an active campaign to win over the populace? Why does military FM41-10 (Civil Affairs Manual: The steps necessary for the overthrow of a nation) seem to be so applicable to American today.

May God be with America as he watches over the shoulders of you who write her laws. A nation can survive it's fools and even the ambition, but it cannot survive the treason from within. America has nothing to fear from patriots maintaining "vigilance." She should, however, fear those that would "outlaw" vigilance.

Thank you,
John E. Trochman/Bob Fletcher
Militia of Montana


Presented in the Senate, June 15, 1995
Partially drafted in CONGRESS, July 4, 1776
The unanimous Declaration of the
thirteen united States of America

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitles them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are create equal, that they are endowed by the Creator with certain unalienable Rights, that among these are Life, Liberty and pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just power from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles and organizing its power in such form, as to them, shall seem most likely to effect their safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long rain of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty to throw off such government, and to provide new Guards for their future security. Such as been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their Former Systems of Government. The history of the present King of Great Britain is over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good [1995 - By increasing Police Powers, militarizing local police; never carrying out Honest Inquests on Government Corruptions.]

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them [1995 - Vetoes and Presidential Orders.]

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only. [1995 - Federal Mandates and Controls through Financial and Political black main [?].]

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with this measures. [1995 - Requiring States to alter Laws to conform into the Unconstitutional GATT and NAFTA Treaties.]

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasion on the rights of the People. [1995 - Passing laws Infringing on Several of the Peoples' Rights guaranteed to Them under the Constitution; Presidential Executive Orders that side-step Representative Government.]

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the state remaining in the meantime exposed to all dangers of invasion from without, and convulsions within [1995 - Interrupting final Judgements and Settlements against Government, bankrupting private Litigants.]

He has endeavored to prevent the population of the States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new Appropriations of Lands. [1995 - Pretending acceptance of World cooperation while Restricting immigrants; selective acceptance of immigrants to fit the personal needs of Those in Power.]

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount an payment of their salaries. [1995 - Congressional and Presidential Acts of Immunity and Obligations of Judges of Power; covertly through selective Appointments.]

He has erected a multitude of New Offices, and sent thither swarms of Officers to harass our people, and eat out the substance. [1995 - Establishing Federal Armies of Abuse under dozens of Enforcement Agencies. Such as the ATF, DEA, BLM, IRS, MJTF, FINCEN, USFS to name a few.]

He has kept among us, in times of peace, Standing Armies without the consent of our legislature. [1995 - Expanding United Nations Forces with training bases; Foreign equipment storage; Permanent Foreign military bases; Foreign, including Russian cooperative training.]

He has affected to render the Military independent of and superior to the Civil power. [1995 - Presidential Decision Directive 25; classified.]

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended legislation: [1995 - The GATT trade Agreements. Designed for years to side-step our Sovereignty.]

For Quartering large bodies of armed troops among us; [1995 - Foreign materials and Equipment: Honest Representatives being lied to by the Executive Branch and the UN Executives with regard to this equipment.]

For protecting them, by a mock trial, from punishment for any Murders which they should commit on the Inhabitants of these States; [1995 - Iran-Contra cover-up - Drugs, Murders; 1980 October Surprise Cover-up; White Water Cover-up; Inslaw theft Cover-up; Noriega Connections to Government Cover-up; Murder of Panamanian Citizens; WACO Cover-up.]

For imposing Taxes on us without our Consent; [1995 - Executive Orders giving Tax Dollars (Billions) away with no representation. Mexican bailout and the war in Iraq.]

For depriving us in many cases of the benefits of Trial by Jury; [1995 - Every Illegal IRS seizure for 20 years.]

For transporting us beyond Seas to be tried for pretended offenses;

For abolishing the free System of English Laws in a neighboring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies; [1995 - Arbitrary false Confiscation of Property by selling Property for financial expansion o the Enforcing Agency.]

For taking away or Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Government;

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. [1995 - Placing any questionable cases under Federal Mandates and Controlled Jurisdictions.]

He has abdicated Government here, by declaring us out of his Protection and waging War against us. [1995 - WACO, Weaver, New Orleans, Chicago: All areas of Federal Force abuses.]

He has plundered our seas, ravaged our Coasts, burnt out towns, and destroyed the lives of our people. [1995 - WACO]

He is at this time transporting large armies of foreign Mercenaries to complete the words of death, desolation and tyranny, already begun with circumstances of Cruelty and perfidy scarcely parallel in the most barbarous ages, and totally unworthy the Head of a civilized Nation. [1995 - The out of Control expansion of Police at all levels, while Crime declines three years in a row. The Creation of "Ethnic" forces, hiring Foreign Enforcement, for Prison Guards, the passage of a Bill for 2500 "hit men" for Janet Reno's Office.]

He has constrained our fellow Citizens taken Captive on the high seas to bear Arms against their country, to become the executioners of their friends and Brethren, or to fall themselves by the Hands. [1995 - Training Gang members or young Law breakers into a "youth marine corps" as "brown shirts" for future Action against Private Citizens.]

He has excited domestic insurrections among us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian Savages, whose know rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. [1995 - Covert Instigations and Provocateurs in Los Angeles Riots (Creation of Crisis); Assisting in International chaos.]

In ever state of these Oppressions We have Petitioned for Redress and in most humble terms, Our repeated Petition have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. [1995 - All Requests for Redress are Denied, except at the Whim and Pleasure of the Oppressive State.]

Nor have We been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their justice and magnanimity, and we have conjured them by the ties of common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of Justice and to consanguinity. We must, therefore, acquiesce, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world of the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliance, establish Commerce, and to do all other Acts and Things which Independent State may of right do. And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, or Fortunes, and our sacred honor.

[PotowmackForum], interactive posting

[US v. Emerson PAGE]

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