If you have no objection, I think this should be shared with the others.
The Latin derivation of the term "militia" (and the Founders were largely Latin-literate) is discussed at http://www.constitution.org/col/mil_inim.htm The term means an activity, and only secondarily those engaged in it. Yes, it had a military character in the ancient Roman Republic and Empire, but remember that in those times there was little differentiation between military defense, law enforcement, and disaster response, and the same personnel were used for all three functions. We can see in the U.S. Constitution that the first two are considered functions of militia called into federal service, and at the state and local level, disaster response was also understood as a purpose. Those volunteer firemen are militia, too.
Ron Moore wrote:
Hmmm. Any kind of defensive acitivity? I question that. The usual definition of "militia" relates to military service. That's obvious by the derivation of the word from the latin. Whatever the Minutemen border (neighborhood) watch folks are doing (and I want them to keep doing it), they are not engaged in a military organization or exercise. At best, IF they exercise their power of citizen arrest, they are engaged in police/law enforcement activities. Or, so it would seem to me.
We are not drilling, but we are doing most of the other things military trainees do.
A bit off topic, but I like the idea of their watching and reporting illegal activities to the law enforcement authorities, but I would suggest they leave that arrest stuff to the LEOs unless it is on their own property. If someone is trepassing on the land of another, that is the land owner's concern not anyone else's.
The propertyowner or manager may empower any person to make a citizen's arrest of a trespasser. In the present situation, there would also likely be a crime of vandalism, theft, or extortion involved. Intruders are becoming increasingly violent and predatory.
I'm sure the lawyers on this list can advise as to the liability that attaches to making arrests (like what if you are wrong--a false arrest suit could break you or perhaps a charge of kidnapping, etc resulting in a felony conviction).
In the border states the law makes it difficult for a civilian to get into too much trouble if he makes a good faith arrest for an apparent crime and promptly delivers the accused to a magistrate of competent jurisdiction. Grand juries don't indict for that. But we are cognizant of the risk of false accusations of excessive force, so we will be video taping all arrests if possible.
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