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To: KrisKrinkle
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.

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

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Mere domestic violence is pretty far from insurrection.

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

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

109 posted on 05/08/2009 10:01:18 AM PDT by MamaTexan (I am NOT an administrative, corporate, collective, legal, political or public entity or ~person~)
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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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