[Non-Sequitur]

Without getting into a big, hairy argument that I don't have time for, Justice Story in his opinion made the President the judge of exigencies -- in deciding a case involving invasion.

Well then I'll make this short and sweet. Your question was about the Constitutionality of the Militia Act of 1795. True, the circumstances were an invasion, but the question before the court was whether the President had the authority to call out the Militia at all, or whether Congree alone could do that. The court ruled that the President could call out the Militia under the terms of the Militia Act of 1795, so the act itself was Constitutional.

In such cases, either the Executive or the Legislature of the affected State(s) must apply to the United States (the clause is not specific as to whether the States must appeal to the President, the Congress, either, or both).

Not according to Section 2.

Bottom line: You just can't quote the Militia Act and apply it to the Southern secession of 1861.

Certainly can. On the one hand, if the southern actions were a rebellion then Section 2 gives the president that authority. If you are correct, and the confederacy was a sovereign nation, then the militia act allows Lincoln to call up the militia to repel an invasion, i.e. the confederate invasion of Fort Sumter. Either way I win.

[lentulusgracchus]

Not according to Section 2.

Wrong. Section 2 simply says POTUS is CINCUS and Militia commander, when the Militia is called to federal service.

It doesn't say he can call out the Militia at his discretion.

[lentulusgracchus]

On the one hand, if the southern actions were a rebellion then Section 2 gives the president that authority.

There was no rebellion, but Section 2 doesn't give POTUS that power even in cases of genuine rebellions (like Shay's).

If you are correct, and the confederacy was a sovereign nation, then the militia act allows Lincoln to call up the militia to repel an invasion, i.e. the confederate invasion of Fort Sumter. Either way I win.

The Confederates didn't invade Fort Sumter. They just concussed it until the C.O. came to his senses and realized that he was on someone else's property.

Canada's exercising eminent domain over a jointly-operated air force base or an American-owned oil company and its leases does not constitute an "invasion" of the United States. They can even decide not to recognize the U.S. Government any more, and close our embassy there. Not a damn thing we can do about it.