Kyle Rittenhouse and the militia obligation

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There’s an angle on the case of Kyle Rittenhouse that I haven’t seen even hinted at in the media.

Section 246 of US Code Title 10, entitled, “Militia: composition and classes” reads:

“(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are:

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.”

That is, all males of military age who are or intend to become citizens of the United States are under federal statute the “unorganized militia”, and have the duty of the militia to defend the Constitution of the United States against enemies foreign and domestic (as both naturalizing citizens and members of the armed forces swear to do).

Kyle Rittenhouse is a 17-year-old male and thus a member of the unorganized militia under black-letter Federal law. When he armed up to defend a friend’s business during a breakdown in civil order, he was acting precisely as all members of the unorganized militia have a legal and Constitutional duty to act in like circumstances.

And yes, shooting violent criminal insurrectionists is included in that duty. Rittenhouse would have been justified in doing so even if he had not been acting in self-defense against lethal threats to his person.

So let’s not hear any more nonsense about a teenager having no business being in that situation. Kyle Rittenhouse recognized one of his core duties as an American citizen and performed it with exceptional skill and courage.

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