It has come to the attention of a few that the Volokh Conspiracy posted an article stating that it is time for the unorganized militia to reappear, titled The Unorganized Militia Once Again is Needed. Some are of the opinion that the Obama administration would oppose that.

Actually, every administration for the last 100 years would have likely opposed the resurgence of the unorganized militia. Certainly we can say both Bushes and Clinton opposed it. Please remember that Wayne Fincher was prosecuted under Bush Jr. The Federal Government’s attitude toward the unorganized militia is perfectly exemplified in the following excerpt from the in-camera hearing during the trial of Wayne Fincher. The questioner is Chris Plumlee, assistant attorney to Wendy Johnson, Assistant US District Attorney for the Western District of Arkansas. Wayne is the respondent.

I think the government’s attitude toward the unorganized militia is loud and clear:

Q.    And so what state agency is it that you answer to?
A.    The governor or the legislative body.
Q.    Okay.
A.    And if the sheriff would have an emergency, he might or he might not choose to call us into service.
Q.    How many times have you been called up by the governor of the state of Arkansas?
A.    None.
Q.    Who in the militia is designated to be contacted by the governor in time of a call-up?
A.    Well, the commander, Paul Smith, would be.
Q.    Okay, so I presume — what’s the name of the person at the  governor’s office who has your telephone numbers and Mr. Smith’s telephone numbers so they can call you up if they need you?
A.    I’m not sure, but all they’d have to do is call the sheriff of Washington County, and that’s their duty to, not mine.
Q.    Well, you’ve sent them a lot of documents notifying –
A.    Yes.
Q.    – them what you believe the law is and your declarations and stuff.  I mean, I don’t see your phone number on here any-where.  I mean, how is the governor supposed to contact you in the time of a crisis?
A.    Believe me, the governor has the ability to contact us if he so desires.
Q.    Okay, and the first declaration you sent to the governor, which I think is Defendant’s 1-A, was sent in 1998, correct?
A.    I believe that’s correct.
Q.    So between 1994, the foundation of the militia, and 1998, how was the governor supposed to call you up at that time?
A.    Like I say, if the governor so chooses, he can — he can put out a public broadcast that all militia appear at a certain place, and that’s within his authority, and that’s his respon-sibility.  And I don’t have to stand and wave a flag waiting for the governor to call me.  It’s his duty to take care of this thing on behalf of the state.
Q.    Okay, so would you concede to me that you’re not — you’re not run by the State of Arkansas, you’re run by each other in the militia of Washington County?
A.    No, sir.  We’ve read all the laws that we could find pertinent to the militia and we obeyed those laws.
Q.    But, again, you’re not operated or sanctioned by the State of Arkansas; is that correct?
A.    That’s not correct, sir.
Q.    Okay.  By the governor’s office?
A.    By Article 11.  Whether the governor likes it or not, Article 11 declares the people in a certain range are in the militia, and it also calls for volunteer companies, the infantry, calvary, and artillery.  If the governor — if the legislative body is in session, then the legislative body would call in in however they choose, and that’s their option and their duty.
Q.    And, again, has anyone in the militia had contact with their legislators about providing your telephone numbers and things of that nature so they can contact you in the event they need to call you up?
A.    I’ve read in some of the codes that if they want to contact, they’d probably put out broadcasts, and the people are expected to go to that.
Q.    Would it be like a radio broadcast or television?
A.    Well, it would be — it would depend on what the situation was.  They might put it in the newspaper.  If it was an emergency, they might just broadcast a certain class of men.  They might not want a thirty to forty-five.  They might say all men between — it’s their option.
Q.    Well, I mean, wouldn’t you be pretty disappointed if you put all this effort into the militia and you don’t get called up?
A.    It’s not about whether I’m pleased or disappointed, sir.  It’s about a long-term project to protect this state.  Whenever the state of Arkansas joined in with the United States, it agreed that it would not keep a standing army, and it was guaranteed by the federal government that this republic would be unmolested in having its militia.

Need I say more?

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