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To: MamaTexan

I've given a legal source stating otherwise. Do you have any evidence to support your assertion?

I’m not certain what you mean.  I quoted the US Constitution just as you did.  I don’t dispute the part about the State Constitutions.  That leaves the George Tucker quote, and your conclusion from it, so let me quote Mr. Tucker too:

This does not, however, says Barbeyrac, hinder but each confederated state may provide for its particular safety, by repressing its rebellious subjects. And herewith the present constitution of the United States fully agrees. For although congress are bound to guarantee to every state in the union a republican form of government, and to protect each of them against invasion; and also against domestic violence; yet this last is only to be done where the legislature, or executive of the state (where the legislature cannot be convened) shall make the application.
George Tucker Of the Several Forms of Government, SECTION XII

So according to Mr Tucker, before Congress can take measures to protect against domestic violence, “A State has to request assistance from or give permission to the federal government before the federal government can use military force inside the State”, but he does not say that such State action is necessary before the federal government can use military force inside the State to guarantee a republican form of government or to protect against invasion. 

Domestic violence and insurrection ARE rebellion if those forces are turned against the lawful authority of the State.

I wrote “Mere domestic violence is pretty far from insurrection”.  Your response joins domestic violence and insurrection, which means its more than mere domestic violence as I wrote, and I’m not disagreeing with you

Until a State requests assistance, the federal government has NO jurisdiction inside one of the respective States....period.

I’ll probably regret asking, but what is your legal source for such a broad statement?  Have the provisions of Article I Section 10 of the Constitution requiring consent of Congress for certain things been overcome by something I’m not thinking of?


115 posted on 05/08/2009 11:30:54 AM PDT by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: KrisKrinkle
but he does not say that such State action is necessary before the federal government can use military force inside the State to guarantee a republican form of government or to protect against invasion.

Yes, he did, and so did Rawle

Hence, the term guarantee, indicates that the United States are authorized to oppose, and if possible, prevent every state in the Union from relinquishing the republican form of government, and as auxiliary means, they are expressly authorized and required to employ their force on the application of the constituted authorities of each state, "to repress domestic violence."If a faction should attempt to subvert the government of a state for the purpose of destroying its republican form, the paternal power of the Union could thus be called forth to subdue it.
William Rawle

The means of maintaining a republican form of government is by having the States call for help if a situation was more than they could handle.

BTW- The federal government using force inside a State without that States permission is directly CONTRARY to a Republican form of government.

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I’ll probably regret asking, but what is your legal source for such a broad statement?

"The federal government, then, appears to be the organ through which the united republics communicate with foreign nations, and with each other. Their submission to its operation is voluntary: its councils, its sovereignty is an emanation from theirs, not a flame by which they have been consumed, nor a vortex in which they are swallowed up. Each is still a perfect state, still sovereign, still independent, and still capable, should the occasion require, to resume the exercise of its functions, as such, in the most unlimited extent.
St. George Tucker View of the Constitution of the United States – 1803 [paragraph 337]

I would like to ask again for your legal source for the assertion that the federal government can waltz into the interior of a State at will.

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Have the provisions of Article I Section 10 of the Constitution requiring consent of Congress for certain things been overcome by something I’m not thinking of?

Article 1 Section 10 makes no mention of insurrection, rebellion, domestic violence or a republican form of government, so what was your point?

117 posted on 05/08/2009 12:51:24 PM PDT by MamaTexan (I am NOT an administrative, corporate, collective, legal, political or public entity or ~person~)
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