Saved by the Militia: Arming an Army Against Terrorism
By Randy E. Barnett
September 18, 2001 11:30 a.m.
A well-regulated militia being essential to the security of a free state. . . .” The next time someone tells you that the militia referred to in the Second Amendment has been “superceded” by the National Guard, ask them who it was that prevented United Airlines Flight 93 from reaching its target. The National Guard? The regular Army? The D.C. Police Department? None of these had a presence on Flight 93 because, in a free society, professional law-enforcement and military personnel cannot be everywhere. Terrorists and criminals are well aware of this — indeed, they count on it. Who is everywhere? The people the Founders referred to as the “general militia.” Cell-phone calls from the plane have now revealed that it was members of the general militia, not organized law enforcement, who successfully prevented Flight 93 from reaching its intended target at the cost of their own lives.
The characterization of these heroes as members of the militia is not just the opinion of one law professor. It is clearly stated in Federal statutes. Perhaps you will not believe me unless I quote Section 311 of US Code Title 10, entitled, “Militia: composition and classes” in its entirety (with emphases added):
“(a) The militia of the United States
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