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To: Non-Sequitur
Why did there need to be a case? Sumter is bombarded, it's clear that the local authorities are complicit in the acts, armed rebellion is underway, Lincoln calls out the militia.

Ummm.... Noooooo. Non-sequitur (that's you) claimed that King Lincoln was given all the authority that he required by Section 2 of the Militia Act of 1795.

The militia act of 1795, section 2, deals with assistance to federal marshalls. The militia act of 1795, section 2 does not authorize King Lincoln to pick his nose without a petition from an associate judge or district judge.

So I'm asking. When did an associate judge or district judge petition King Lincoln for assistance to the marshalls? Who were the marshalls in question? What warrant were they serving? Who was the judge? What, if anything, took place that would lead anyone to believe that the Militia act of 1795, Section 2, applied in any way, shape, or form to the situation?

1,328 posted on 04/20/2006 2:10:57 PM PDT by Gianni
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To: Gianni
Ummm.... Noooooo. Non-sequitur (that's you) claimed that King Lincoln was given all the authority that he required by Section 2 of the Militia Act of 1795.

Let's take this one step at a time. Does your post now mean that you admit that the Militia Act of 1795 was in effect, and that your earlier wisecracks about "referrals to repealed laws" was an error? And that Article I, Section 8, Clause 15 is indeed the operative clause, not your incorrect referral to Article IV, Section 4?

The militia act of 1795, section 2, deals with assistance to federal marshalls.

Are you now admitting that there were powers for the President present in Section 2, that Section 2 was part of the Militia Act of 1795, and that it was the law of the land? Because if you are now, at long last, admitting the error of your ways in your prior posts then we can proceed with your current errors. Assuming that you agree, I'll proceed.

Section 2 states: "And be it 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, the same being notified to the President of the United States, by an associate justice or the district judge, 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."

Let's look at it again, highlighting the operative clause: "And be it 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, the same being notified to the President of the United States, by an associate justice or the district judge..." It seems to me that it makes a distinction between the first condition and the second. If the combinations are too powerful to suppress by powers vested in the marshals of the act, as mentioned in the second clause, then their recourse is to go to the district court, who takes it to an associate justice (probably the justice responsible for that particular federal circuit) and then the president is informed. Makes perfect sense. But what if the district judge is part of those powers opposing the laws of the United States? Is the president not able to act for want of a local judge? I think not, which is why the first clause talks about "...combinations too powerful to be suppressed by the ordinary course of judicial proceedings..." When the southern states began their armed rebellion by firing on Sumter then it became clear to Lincoln, and the rest of the world, that the forces aligned against the government and the rule of law were too powerful to suppress through normal judicial proceedings. And that the justification for calling out the militia was met. And the rule of law followed.

1,329 posted on 04/20/2006 2:51:19 PM PDT by Non-Sequitur
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