Dick Act mythmaking
I've rec'd 3-4 copies already of an email claiming that the Dick Act of 1902 ... well, let me post it:
"DICK ACT of 1902 - CAN'T BE REPEALED (GUN CONTROL FORBIDDEN) - Protection Against Tyrannical Government This criminal Cabal is counting on the fact that the American Citizens don't know this, their rights and the constitution. Don't prove them right.
The Dick Act of 1902 also known as the Efficiency of Militia Bill H.R. 11654, of June 28, 1902 invalidates all so-called gun-control laws."
No, the Dick Act repealed the Militia Act of 1792, and created the National Guard system. It says nothing about gun control. And it was extensively re-written in a couple of post-WWI Army Acts.
"It also divides the militia into three distinct and separate entities. ** SPREAD THIS TO EVERYONE ** The three classes H.R. 11654 provides for are the organized militia, henceforth known as the National Guard of the State, Territory and District of Columbia, the unorganized militia and the regular army."
I believe 10 USC 311 survives (and is almost the only section that has survived) from the original Act. That breaks the militia into two classes, organized (Guard) and unorganized. Why would the regular army have been part of the militia?
"The militia encompasses every able-bodied male between the ages of 18 and 45. All members of the unorganized militia have the absolute personal right and 2nd Amendment right to keep and bear arms of any type, and as many as they can afford to buy."
No authority cited for this, I notice. In any event, such a right would vanish once a person hits 45.
"The Dick Act of 1902 cannot be repealed; to do so would violate bills of attainder and ex post facto laws which would be yet another gross violation of the U.S. Constitution and the Bill of Rights."
There is no such thing as a statute that cannot be repealed. The bill of attainder clause prevents Congress from convicting people without a trial. The ex post facto ban prevents punishment, or increased punishment, of actions taken before the law in question was passed. As noted above, most of the Dick Act was rewritten by the Army Acts (I think of 1916 and 1920), so it HAS been repealed.
"The President of the United States has zero authority without violating the Constitution to call the National Guard to serve outside of their State borders.
The National Guard Militia can only be required by the National Government for limited purposes specified in the Constitution (to uphold the laws of the Union; to suppress insurrection and repel invasion). These are only purposes for which the General Government the can call upon the National Guard."
Those are the only purposes for which the government can call out the militia. They got around this in the post WWI Army Acts by organizing the Guard as part of the reserve forces of the regular army, etc., and by requiring dual enlistment: any Guardsman also takes an oath to the U.S..
A bit of history: in 1912 the Attorney General indeed ruled that the militia could not be used outside the US. Then came WWI. The government dealt with that ruling by simply drafting National Guardsmen en masse. The Guard didn't care for this: its units were broken up, officers became enlisted men, etc.. So after the War, they were supporters of the system of dual enlistment, so that their units could be called up as units.
[Update: if your comment is blocked, try omitting your email. I had to block gmail, yahoo and some others due to unbelievable waves of spam comments linking to them, but set it so you can comment while giving no email address at all].