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To: MamaTexan
Application of the Legislature, or of the Executive means the Legislature and Governor of a State, not the federal government.

Look a bit higher, Article I, Section 8, Clause 15: Congress shall have the power "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions".

Suppress rebellion is a federal responsibility, not dependent on any state or local government.

125 posted on 02/07/2009 12:19:58 PM PST by Non-Sequitur
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To: Non-Sequitur

>>>Suppress rebellion is a federal responsibility, not dependent on any state or local government.<<<

True, but there was no rebellion by the Southern states. They left the Union peaceably, as was their right.


132 posted on 02/07/2009 12:27:56 PM PST by PhilipFreneau (Make the world a safer place: throw a leftist reporter under a train.)
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To: Non-Sequitur
Suppress rebellion is a federal responsibility, not dependent on any state or local government.

The question before the Supreme Court of the United States was, whether it was competent for a court martial, deriving its jurisdiction under state authority, to try and punish militia men drafted, detached and called forth by the president into the service of the United States, and who had refused or neglected to obey the call. The court decided, that the militia, when called into the service of the United States, were not to be considered as being in that service, or in the character of national militia, until they were mustered at the place of rendezvous, and that until then, the state retained a right, concurrent with the government of the United States, to punish their delinquency. But after the militia had been called forth, and had entered into the service of the United States, their character changed from state to national militia, and the authority of the general government over such detachments was exclusive.
James Kent, Commentaries

How exactly do you think the point of rendezvous was reached, the Militia Fairy?

-----

It was a nice attempt on your part to confuse the issue by drawing a parallel between the totally different Articles concerning the powers of the federal [not national] branches of government and the Article concerning the States, though.

179 posted on 02/07/2009 2:13:34 PM PST by MamaTexan (If you don't think government is out of control, you're not looking hard enough)
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To: Non-Sequitur

so sick of your anti American rhetoric. Why aren’t you over trolling the birth certificate posts today?


206 posted on 02/07/2009 3:41:36 PM PST by mojitojoe (If you can't make them see the light, make them feel the heat)
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