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To: Natural Law; x
Before the Civil War the prevalent interpretation of the constitution was that the president was only commander in chief once war had been declared.

Nope.

Ah, ignorance is bliss.

According to the Militia Act of May 2, 1792, as amended Feb 28, 1795, Sec. 2:

"And it be further enacted, That whenever the laws of the United States shall be opposed or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse, or be insufficient to suppress the same, it shall be lawful for the President, if the legislatures of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of militia, so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session."

President Lincoln had all the authority he needed under law.

Now this is from the majority opinion in the Prize Cases.

"The Constitution confers on the President the whole Executive power. He is bound to take care that the laws be faithfully executed. He is Commander-in-chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the United States. He has no power to initiate or declare a war either against a foreign nation or a domestic State. But by the Acts of Congress of February 28th, 1795, and 3d of March, 1807, he is authorized to called out the militia and use the military and naval forces of the United States in case of invasion by foreign nations, and to suppress insurrection against the government of a State or of the United States."

The 9th and 10th amendments don't come into play either.

Walt

166 posted on 11/07/2003 2:38:58 PM PST by WhiskeyPapa (Virtue is the uncontested prize.)
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To: WhiskeyPapa
I stand corrected on this point, however my overall opinion of Lincoln's assault on the Constitution is unswayed.
169 posted on 11/07/2003 3:17:36 PM PST by Natural Law
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