Training - Legal and Ethical Constraints for Constitutionalist Guerrilla Forces

In a SHTF/WROL scenario, the absence of formal law enforcement or government does not negate the need for ethical behavior, especially for a group claiming to uphold the Constitution.

Constitutionalists view the document as a moral and legal foundation, emphasizing rights such as life, liberty, property, free speech, and self-defense.

The following constraints shape their operations.

Adherence to Constitutional Principles

• Individual Rights: The Bill of Rights (e.g., First, Second, Fourth, and Fifth Amendments) prioritizes freedoms of speech, religion, bearing arms, protection from unreasonable searches, and due process. A constitutionalist guerrilla force must respect these rights for both members and non-combatants, even in chaotic conditions.
• Self-Defense: The Second Amendment underscores the right to bear arms for self-defense and security. Actions must be defensive or protective, not aggressive or predatory, to align with constitutional values.
• Limited Authority: The Constitution limits government power to prevent tyranny. Similarly, a guerrilla force must avoid acting as an unaccountable authority, ensuring decisions reflect the consent of the group or community.

Avoiding Lawlessness

• In a WROL scenario, the temptation to act outside moral boundaries (e.g., looting, vigilante justice) is high. Constitutionalists must model the rule of law, even without formal institutions, to maintain legitimacy and differentiate themselves from lawless groups.
• Actions like theft, extortion, or summary executions violate constitutional principles (e.g., due process under the Fifth Amendment) and erode community trust.

Community Legitimacy

• A guerrilla force relying on local support (for supplies, intelligence, or recruits) must act in ways that align with community values. Violating rights (e.g., seizing property without consent) risks alienating allies, undermining the group’s mission.
• Constitutionalists should frame their actions as restoring or preserving constitutional governance, not imposing their own rule.

Legal Considerations in Training and Preparation

• In pre-WROL conditions, training and organizing must comply with existing laws. For example, forming militias or possessing certain weapons may be regulated under state or federal laws (e.g., National Firearms Act, state militia statutes).
• Activities like manufacturing explosives or conducting paramilitary training without permits could violate laws, exposing the group to legal scrutiny before a SHTF scenario.

Ethical Challenges in SHTF/WROL

• Proportionality: Use of force must be proportional to the threat (e.g., avoiding excessive violence against minor threats), reflecting the Constitution’s emphasis on justice.
• Non-Combatants: Respecting the rights of civilians, including those who disagree with the group, is critical. The Fourth Amendment’s protection against unreasonable searches extends to respecting others’ property and privacy.
• Accountability: Without formal courts, the group must establish internal mechanisms to ensure members adhere to ethical standards, preventing abuses of power.

Moral Dilemmas

• Guerrillas may face situations where survival (e.g., seizing food to avoid starvation) conflicts with constitutional principles (e.g., property rights). A constitutionalist framework requires prioritizing negotiation, trade, or voluntary cooperation over coercion.
• Decisions about engaging hostile groups (e.g., looters, oppressive forces) must balance self-defense with avoiding escalation that harms innocents.

Code of Conduct for a Constitutionalist Guerrilla Force

This Code of Conduct is designed for a civilian guerrilla force in a SHTF/WROL scenario, rooted in the U.S. Constitution’s principles of individual liberty, justice, and the rule of law.

Preamble

We, as defenders of liberty and adherents to the U.S. Constitution, commit to upholding the principles of freedom, justice, and the rule of law, even in times of crisis. Our actions aim to protect our lives, families, and communities while preserving the ideals of a free society. This Code guides our conduct to ensure we remain true to these values, fostering trust and unity in the absence of formal governance.

Code of Conduct

Uphold Individual Rights

• Respect the inherent rights to life, liberty, and property of all individuals, as enshrined in the Constitution. Do not infringe upon freedoms of speech, religion, or self-defense unless directly threatened.
• Example: Refrain from seizing resources without consent, even in scarcity, and seek voluntary trade or mutual aid.

Act in Self-Defense

• Engage in force only to protect life, liberty, or property from clear and immediate threats. Use proportional force to neutralize danger without excessive harm.
• Example: Defend against looters attacking your community but avoid pursuing or punishing them beyond neutralizing the threat.

Maintain Justice and Due Process

• Avoid vigilante justice or summary punishment. Establish fair, transparent processes within the group to address disputes or misconduct, reflecting the Fifth Amendment’s due process clause.
• Example: If a member is accused of theft, hold a group hearing with evidence and consensus before deciding consequences.

Protect Non-Combatants

• Safeguard civilians, including those who disagree with our cause, from harm or coercion. Respect their privacy and property, per the Fourth Amendment.
• Example: Do not enter or search private homes without permission, even for intelligence-gathering, unless lives are at immediate risk.

Foster Community Trust

• Act as protectors, not rulers, of the community. Seek cooperation through dialogue, trade, and mutual support, ensuring actions align with the common good.
• Example: Share resources or provide security to local families to build alliances, rather than demanding loyalty.

Exercise Restraint and Accountability

• Hold all members accountable to this Code. Leaders and members must model constitutional values, avoiding abuses of power or personal gain.
• Example: Rotate leadership roles and require group consensus for major decisions to prevent authoritarianism.

Prioritize Stealth and Survival

• Conduct operations with minimal visibility to avoid drawing attention from hostile forces. Use force as a last resort, prioritizing evasion and negotiation.
• Example: In an ambush, aim to disengage quickly rather than escalate, preserving lives and resources.

Prepare Legally and Ethically

• In pre-WROL conditions, ensure all training, weapon possession, and organization comply with local, state, and federal laws. Maintain transparency to avoid perceptions of extremism.
• Example: Register firearms legally and conduct training on private property with owner consent.

Preserve Constitutional Ideals

• Frame all actions as steps toward restoring constitutional governance, not establishing new rule. Encourage education and discussion of constitutional principles within the group and community.
• Example: Hold meetings to discuss the Constitution’s relevance to current challenges, reinforcing the group’s mission.

Adapt with Integrity

• In extreme circumstances (e.g., starvation, imminent danger), prioritize survival while minimizing harm to constitutional principles. Seek creative solutions to avoid ethical compromises.
• Example: If food is scarce, barter skills or labor for supplies before considering requisition, and compensate owners later if possible.

Implementation Guidelines

• Training: Regularly train members on this Code, using scenarios to practice ethical decision-making (e.g., role-playing a dispute over resources). Integrate with tactical training from MCRP 3-10A.4, such as communication and teamwork.
• Enforcement: Establish a council or rotating leadership to review violations of the Code. Consequences (e.g., expulsion, loss of privileges) must be fair and transparent.
• Community Outreach: Share the Code with local communities to build trust and demonstrate commitment to constitutional values. Invite feedback to ensure alignment with community needs.
• Documentation: Keep records of decisions and actions to maintain accountability and provide a basis for restoring lawful governance in the future.

Application in a WROL Scenario

This Code ensures the guerrilla force remains a defender of liberty rather than a source of oppression.

• Scenario: Defending a Food Cache: If looters threaten a community’s food supply, the group uses proportional force to repel them, avoiding lethal force unless necessary. Afterward, they offer aid to any injured looters who surrender, reflecting due process and compassion.
• Scenario: Resource Scarcity: If the group needs supplies, they negotiate with locals, offering protection or labor in exchange, rather than seizing goods, aligning with property rights.
• Scenario: Encountering Rival Groups: The group seeks dialogue or de-escalation before engaging, using intelligence (e.g., from scouts) to assess threats, per MCRP 3-10A.4’s emphasis on situational awareness.

Challenges and Mitigations

• Moral Dilemmas: Survival needs may conflict with principles (e.g., taking food to feed starving members). The Code’s emphasis on adaptation with integrity encourages seeking alternatives (e.g., foraging, trading) first.
• Internal Dissent: Members may disagree on actions (e.g., whether to engage a hostile group). The council and consensus-based decision-making prevent unilateral actions.
• External Perception: Other groups may view the force as a threat. Transparent adherence to the Code and community engagement counter this risk.
• Legal Risks Pre-WROL: Training or organizing as a militia may attract law enforcement scrutiny. The Code mandates legal compliance, such as obtaining permits and avoiding inflammatory rhetoric.

Additional Notes

• Training Alignment: Incorporate ethical training into tactical exercises from MCRP 3-10A.4, such as practicing de-escalation during mock ambushes or role-playing negotiations with civilians.
• Constitutional Education: Members should study the Constitution and its amendments to understand the principles they defend, reinforcing the Code’s moral foundation.
• Scalability: The Code can apply to small groups (5–10 people) or larger networks, as long as leadership remains decentralized and accountable.