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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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To: MamaTexan

Yes, he did, and so did Rawl

No he didn’t and neither did Rawl, at least neither did so in the citations you have provided.  We are at loggerheads here, taking different meaning from the same words.

Their submission to its operation is voluntary

So they voluntarily ceded some degree of jurisdiction which still negates your assertion that “…the federal government has NO jurisdiction inside one of the respective States....”.

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.

I didn’t assert “that the federal government can waltz into the interior of a State at will.”  You asked “Do you have any evidence to support your assertion?” when my assertion was “but it looks like a request from the State is only needed in the case of domestic violence and that no such request is needed in the cases of invasion or insurrection” and I responded to that.  I did not write “at will” I wrote “in the cases of invasion or insurrection” and I specifically indicated they couldn’t come in merely “at will” in the case of domestic violence.

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

You wrote “NO jurisdiction” which I took to be “no jurisdiction at all of any kind” and an expansion beyond insurrection, rebellion, domestic violence and a republican form of government.  My point was that Article 1 Section 10 states areas in which consent of Congress is required and therefore the federal government does have some jurisdiction.  I take it you agree there are circumstances when the federal government does have some jurisdiction within the respective states even if assistance was not requested.  I take it you believe that until a State requests assistance, the federal government has no jurisdiction in regard to insurrection, rebellion, or domestic violence inside one of the respective States.


118 posted on 05/08/2009 2:25:02 PM 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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