To: WhiskeyPapa
No, Walter, the president does not have the power to declare an unrelated act as an insurrection. He has the power to call out the militia during an insurrection, and even the power to determine at what point armed threats to the extant authority or mob actions may be considered to be insurrection, but he does not have the power to declare other acts, reflective of powers reserved by the states, as insurrection. The fact that you have admitted that there is no Constitutional language or Federal law prohibiting a state from withdrawing, and then sunk to the level of appealing to a newspaper editorial for justification, shows you to be in the same boat as Baghdad Bob during the last days of Baathist power. You dropped the flag and Non-Sequitur picked it up to continue the charge, but he will have the same results as Sisyphus struggling in vain as the boulder that is the Tenth Amendment will not budge!
To: HenryLeeII
You dropped the flag and Non-Sequitur picked it up to continue the charge, but he will have the same results as Sisyphus struggling in vain as the boulder that is the Tenth Amendment will not budge! The 10th amendment never comes into play because Congress has the power to provide for the common defense and the general welfare.
And the federal government also guarantees a republican government to all the states. That is made null if a state can secede.
There is no legal state secession in U.S. law.
This is new to you, but you will get used to it.
Walt
803 posted on
05/02/2003 1:28:12 PM PDT by
WhiskeyPapa
(Be copy now to men of grosser blood and teach them how to war!)
To: HenryLeeII
He has the power to call out the militia during an insurrection.
According to the Constitution & debates, the legislature of the affected state or the executive (Governor) had to request that assistance. Congress had the obligation to call forth the militia. Lastly, Article IV states that the guarantee of a Republican government only applied to every State 'in this Union' - not those that left.
815 posted on
05/02/2003 8:12:42 PM PDT by
4CJ
('No legislative act, therefore, contrary to the Constitution, can be valid.' - Alexander Hamilton)
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