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To: MamaTexan

Notwithstanding...

Federal military is subordinate to federal civil authority, with the President as commander in chief. State constitutions, notwithstanding. State militias are subordinate to state civil authority, unless federalized, as the Virginia militia was federalized by George Washington in response to the Whiskey Rebellion.

I know, you choose to cherry-pick (Your phrase) and dishonestly represent the constitution. So sorry you can not find a country where down is up, and where crazy is normal. Good luck with that.


271 posted on 02/27/2012 12:25:44 PM PST by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: donmeaker
State militias are subordinate to state civil authority, unless federalized, as the Virginia militia was federalized by George Washington in response to the Whiskey Rebellion.

Washington could not override the Sovereign authority of the State. In this case is was Governor Mifflin of Pennsylvania.

A proclamation was issued by the President, commanding the insurgents to disperse, while quotas of militia were called for from Pennsylvania, Virginia, Maryland, and New Jersey. These Governor Mifflin, of Pennsylvania, who seemed to be in sympathy with the insurgents, hesitated to call out. He was, however, forced either to do so, or to break with the central government, and the militia volunteered in greater numbers than were wanted, even members of the "Society of Friends" joining the force.
The Whisky Rebellion of 1794

Mifflin could have notified President Washington to his face that the State withdrew from the Union...and there is nothing Washington could have done about it.

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Article 4 section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

And on Application of the Legislature, or of the Executive means the STATE authority, not the federal one.

At the same time it is properly provided, in order that such interference may not wantonly or arbitrarily take place; that it shall only be on the request of the state authorities:otherwise the self-government of the state might be encroached upon at the pleasure of the Union, and a small state might fear or feel the effects of a combination of larger states against it under colour of constitutional authority;
William Rawle

275 posted on 02/27/2012 5:06:54 PM PST by MamaTexan (I am a ~Person~ as created by the Law of Nature, not a 'person' as created by the laws of Man)
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