Rep. Jamie Raskin, D-Md., and Sen. Edward Markey, D-Mass., have proposed legislation making private paramilitary organizations illegal in the U.S., but former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Monday such a law would be "absolutely unconstitutional."
"Don't worry, this thing is not going to become law," Napolitano told "Carl Higbie FRONTLINE." "If it does, the first federal judge to see it will invalidate it."
Raskin and Markey introduced the Preventing Private Paramilitary Activity Act shortly after the third anniversary of the events on Jan. 6, 2021, at the U.S. Capitol. Under Section 9 of the bill, the term "private paramilitary organization" means "any group of three or more persons associating under a command structure for the purpose of functioning in public or training to function in public as a combat, combat support, law enforcement, or security services unit."
"It's absolutely unconstitutional," Napolitano said. "It violates freedom of association, violates the right to keep and bear arms, and violates the right to associate with others who keep and bear arms.
"Here's what I would say to congressman Raskin and Sen. Markey: You don't like private paramilitary groups? If we didn't have these militias in 1776, Charles III would be the king of the United States because we wouldn't have won the war against George III. Private paramilitary groups are a threat only to one entity: an overbearing and tyrannical government, which is exemplified by these two members of Congress."
In a news release, Raskin blamed the events of Jan. 6 on "private paramilitary groups" like the Oath Keepers and the Proud Boys "using political violence to intimidate our people and threaten democratic government and the rule of law."
"Our legislation makes the obvious but essential clarification that these domestic extremists' paramilitary operations are in no way protected by our Constitution," Raskin said. "I'm grateful to Sen. Markey for his partnership on this critical effort to protect the rule of law, deter insurrection and defend our democracy."
Napolitano said Raskin is a former professor of constitutional law and he should be familiar with the Supreme Court's decision in District of Columbia v. Heller, in which Justice Antonin Scalia wrote in the majority opinion that the right to keep and bear arms is an individual personal right and allows you to exercise it in groups.
"Nobody in the government likes the Constitution," Napolitano said. "You and I do, but these people will trample it whenever they can to achieve their political objectives."
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Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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