With the rise of the “militia movement” in Alaska ( http://www.alaska.net/~cadrecc/index.html, http://anchoragemilitia.com/, http://www.centralalaskamilitia.com/ ) it is time to effectively address this potential threat to our civil society. That is to say that the federal prosecution of the members of the Alaska Peacemakers Militia, being reactive, is inadequate on its face. See the Fairbanks Newsminer for a discussion of Shaffer Cox and his role in this militia.
Not withstanding the bizarre ideation of these groups, the US Constitution puts all militia under federal control. The US Constitution, Article I Section 8, in pertinent part, authorizes Congress:
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
The US Constitution reserves to the states certain responsibilities with respect to militia. Under the Alaska Constitution, that authority is largely exercised by the Governor of the State. Alaska Constitution Article III § 19. Military Authority provides:
The governor is commander-in-chief of the armed forces of the State. He may call out these forces to execute the laws, suppress or prevent insurrection or lawless violence, or repel invasion. The governor, as provided by law, shall appoint all general and flag officers of the armed forces of the State, subject to confirmation by a majority of the members of the legislature in joint session. He shall appoint and commission all other officers.
In sum, the Governor would clearly be the commander of our various self-proclaimed militias, and as command-in-chief the Governor has ultimate responsibility for command of these organizations. Either the Governor must command these organizations, or they must be disbanded as unauthorized frauds and dangerous gangs; thugs in paramilitary drag.
It is clear that the Governor HAS NOT taken his responsibilities via-a-vis Article III Section 19 seriously, not having seized command of these organizations (or in the alternative, not having ordered the Attorney General to terminate their activities as apparent criminal enterprises or otherwise.) In having failed in those responsibilities it is high time the Governor was called to task for his oversight, negligence, or malfeasance (the last case perhaps recommending impeachment) for putting our society in danger.
Perhaps most heinous, is that while the Governor seems to continually wish to take power from the federal government (he has inordinately invested in lawsuit after lawsuit, attacking the role of the federal government on matters ranging from wildlife management to health care) he has failed to wield the responsibility the federal Constitution affords him, with the result that the Department of Justice was forced to prosecute those in such organizations apparently engaged in preparing to commit acts of homicide against our judges. For shame, Governor! For shame!