Replies

Walt] The Supreme Court ruled that the president was empowered under the Militia Act to call out the Militia, based on the events of early 1861. See the Prize Cases ruling.
If you could quote the Prize Cases saying that, you would. You can't. The Court didn't.

I -can- quote the Court to that effect.

"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."

Walt

[Walt] The Supreme Court ruled that the president was empowered under the Militia Act to call out the Militia, based on the events of early 1861. See the Prize Cases ruling.

[nolu chan] If you could quote the Prize Cases saying that, you would. You can't. The Court didn't.

[Walt] I -can- quote the Court to that effect.

[Walt] "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."

That is only a recitation of the law. It says nothing about any events of 1861 nor its applicability thereto.

Just taking your quote, it is equally true that President George W. Bush, by the Acts of Congress of February 28th, 1795, and 3d of March, 1807, is authorized to call 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.

That statement contains no finding that any case applicable to the Act of 1795 exists.

The part you quote refers strictly to the cases of "invasion" and "insurrection."

The Militia Act of 1795 is clear and specific in what it allows in those those cases.

You are still mired in the wrong source.

Be it enacted, &c.,
That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States to call forth such number of the militia of the State or States most convenient to the place of danger or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose to such officer or officers of the militia as he shall think proper.
And, in case of an insurrection in any State against the Government thereof, it shall be lawful for the President of the United States, on application of the Legislature of such State, or of the Executive, (when the Legislature cannot be convened,) to call forth such number of the militia of any other State or States as may be applied for, as he may judge sufficient to suppress such insurrection,

Do you allege:

invasion from a foreign nation or Indian tribe, or
insurrection in a State against the Government thereof?
if the latter, please tell us about the application made by the Legislature or Executive of said State

You are still mired in the wrong source.