Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: SkyDancer
“OK, each state now has its National Guard. Can’t the president call them to national service and put down any rebellion by a state government?”

Constituionally, no.

Article 4 section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

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

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.

-----

There is also-

Article VI. - The United States
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Every State as some form or other of this in their own Constitutions -

THE TEXAS CONSTITUTION
Article 1 - BILL OF RIGHTS
Section 24 - MILITARY SUBORDINATE TO CIVIL AUTHORITY
The military shall at all times be subordinate to the civil authority

***

This IS all providing, of course, anyone pays any attention to any of the Constitutions.

97 posted on 05/08/2009 6:22:11 AM PDT by MamaTexan (I am NOT an administrative, corporate, collective, legal, political or public entity or ~person~)
[ Post Reply | Private Reply | To 38 | View Replies ]


To: MamaTexan

Thanks for the information. It is quite educating.


98 posted on 05/08/2009 6:45:25 AM PDT by OneVike (Just a Christian waiting to go home)
[ Post Reply | Private Reply | To 97 | View Replies ]

To: MamaTexan

In any event it sure will be interesting to watch what states do ...


104 posted on 05/08/2009 7:43:58 AM PDT by SkyDancer ('Those who hammer their guns into plows will plow for those who do not..' ~ Thomas Jefferson)
[ Post Reply | Private Reply | To 97 | View Replies ]

To: MamaTexan; SkyDancer

SkyDancer:  OK, each state now has its National Guard. Can’t the president call them to national service and put down any rebellion by a state government?

MamaTexan:  Constituionally, no.   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.

Article 1 Section 8 Clause 15:

“The Congress shall have Power… To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;”

Article 4 section 4

"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”

I don’t know what laws or procedures Congress may have established regarding suppressing insurrections, 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.  Mere domestic violence is pretty far from insurrection. “(R)ebellion by a state government” isn’t. 


106 posted on 05/08/2009 9:09:41 AM PDT by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
[ Post Reply | Private Reply | To 97 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson