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US Constitution and Insurrection
US Constitution ^ | June 21, 1788 | James Madison, Alexander Hamilton

Posted on 02/11/2018 8:06:42 AM PST by AndyJackson

Q anon tells us to expand our thinking, Seals [SEALS] are wonderful creatures, and work fast at capturing their prey."

Well let us broaden our thinking and look at some of the frequently overlooked powers under the US constitution pertaining to "insurrection." After all bonus marchers aside, how long has it been since we have faced genuine "insurrection" within the boarders of the US?

First, what is insurrection? The dictionary defines it as "a violent uprising against an authority or government."

18 US Code §§2381-2390 address TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES. For instance 18 U.S. Code § 2383 states "Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States."

Most interesting perhaps is 8 U.S. Code § § 2382 "Misprision of treason." Since no one knows what "misprison" means anymore no one would look at this one, but it has sharp teeth that bite hard "Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both."

CONSTITUTIONAL POWERS RELATED TO INSURRECTION

Turning to the main point, we find Article 1 Section 15 powers include: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

And we have Article 2 Section 2 The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States...

Amendment 14 section 3: No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Interestingly we also have the following provision:

Amendment 14 section 4: The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but

And of course we have Article I section 9 clause 2:The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Since Congressional powers are invoked here, what laws have they provided:

10 U.S. Code § 252 Use of militia and armed forces to enforce Federal authority "Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion."

10 U.S. Code § 253 Further provides:
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—
(1) so hinders the execution of the laws of that State, and of the United States within the State<, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.

How did all of this come about. What evil was to be avoided. Well Alexander Hamilton tells us in Federalist Paper 9 [on the website of the US Congress please note] FIRM Union will be of the utmost moment to the peace and liberty of the States, as a barrier against domestic faction and insurrection. It is impossible to read the history of the petty republics of Greece and Italy without feeling sensations of horror and disgust at the distractions with which they were continually agitated, and at the rapid succession of revolutions by which they were kept in a state of perpetual vibration between the extremes of tyranny and anarchy. If they exhibit occasional calms, these only serve as short-lived contrast to the furious storms that are to succeed. If now and then intervals of felicity open to view, we behold them with a mixture of regret, arising from the reflection that the pleasing scenes before us are soon to be overwhelmed by the tempestuous waves of sedition and party rage...

From the disorders that disfigure the annals of those republics the advocates of despotism have drawn arguments, not only against the forms of republican government, but against the very principles of civil liberty. They have decried all free government as inconsistent with the order of society, and have indulged themselves in malicious exultation over its friends and partisans. [cf. Obama or Soros's so-called "open" society].

James Madison continues in Federalist Paper 10:

AMONG the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice. He will not fail, therefore, to set a due value on any plan which, without violating the principles to which he is attached, provides a proper cure for it. The instability, injustice, and confusion introduced into the public councils, have, in truth, been the mortal diseases under which popular governments have everywhere perished; as they continue to be the favorite and fruitful topics from which the adversaries to liberty derive their most specious declamations.

....The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source. A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it; in the same proportion as such a malady is more likely to taint a particular county or district, than an entire State.

In the extent and proper structure of the Union, therefore, we behold a republican remedy for the diseases most incident to republican government. And according to the degree of pleasure and pride we feel in being republicans, ought to be our zeal in cherishing the spirit and supporting the character of Federalists.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: constitution; insurrection; qanon
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To: Bob Ireland

Ping


21 posted on 02/11/2018 9:17:45 AM PST by Bob Ireland (The Democrat Party is a criminal enterprise)
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To: AndyJackson

Reference Bump!!


22 posted on 02/11/2018 9:43:23 AM PST by Loud Mime (Liberalism: Intolerance masquerading as tolerance, Ignorance masquerading as Intelligence)
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To: AndyJackson

Under the scenario that appears to be implied by Q, is there a role for a special prosecutor or prose utors?

And At times I wonder if portions of the country will be transformed into something like Kansas in the late 1850s...


23 posted on 02/11/2018 9:48:55 AM PST by SteveH
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To: Manly Warrior

The truth of the Kenyanesian Usurpation will never see the light of day because both parties cooperated in the violation of the Constitution.

Barry Soetoro/Barack Hussein Obama should be proof enough of the wisdom of the founders when they tried to prevent him from being President by requiring someone who could only be a US citizen and nothing else.
Born here of citizen parents.
Naturally a US citizen because there is no other possibility.
One cannot be anything else and also be a natural born citizen.
Multiple nationalities, loyalties, allegiances, citizenships were exactly what they were excluding with the natural born citizen requirement.

Usurpation Day, January 20, 2009, happened with the complete cooperation of both parties.
They want the Constitution changed without the hassle of amending the Constitution.
Confuse people about the clear meaning of a three word phrase and voila, every anchor baby and Winston Churchill is eligible.

The bench was the reason the GOP went along with the fig leaf resolution for McCain that was used by the Democrats as cover for Obama.
Jindal, Rubio, Haley, Cruz and most importantly George P. Bush were all up and comers and the future of the party and ineligible.


24 posted on 02/11/2018 10:02:52 AM PST by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace-No Islam, Know Peace)
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To: AndyJackson

The coup happened on Usurpation Day, January 20, 2009.

An ineligible man was sworn in as President that EVERYONE in the District of Corruption knew at the time was not a natural born citizen. All of the crimes of the Kenyanesian Usurpation were preventable. It is the culpability of the GOP that prevents any real progress.

What is happening is the struggle to re-establish the Constitution and the rule of law.

Trump does not have nearly enough allies.
We need to correct that by Cantorizing the weasels in Congress.


25 posted on 02/11/2018 10:08:31 AM PST by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace-No Islam, Know Peace)
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To: AndyJackson

Whereas the laws of the United States have been for some time past, and now are opposed, and the execution thereof obstructed, in the District of Columbia and in the States of Virginia, Maryland, New York, California, Illinois, and Arkansas by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by law,

Now therefore, I, Donald John Trump, President of the United States, in virtue of the power in me vested by the Constitution, and the laws, have thought fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of seventy-five thousand, in order to suppress said combinations, and to cause the laws to be duly executed. The details, for this object, will be immediately communicated to the State authorities through the Defense Department.


26 posted on 02/11/2018 10:20:59 AM PST by Jim Noble (Single payer is coming. Which kind do you like?)
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To: Jim Noble

Yes!!!


27 posted on 02/11/2018 10:45:18 AM PST by Midnitethecat
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To: AndyJackson

Fire Sessions now. Appoint Special Counsel to reccomend charges against the seditious clinton/obama cabal.

The rest is fantasy, imo.


28 posted on 02/11/2018 10:49:19 AM PST by Basket_of_Deplorables (SEDITION! Obama DOJ colluded to try overthrow the President!)
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To: Jim Noble

Nicely done!


29 posted on 02/11/2018 11:20:18 AM PST by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: AndyJackson
In my book Resistance to Tyranny I devote a chapter to using the Just War Doctrine to determine when armed resistance is morally justified. It can be justified, but the conditions are pretty strict.
30 posted on 02/11/2018 1:04:04 PM PST by JoeFromSidney (,uld')
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To: AndyJackson

Constitution bump for later.....


31 posted on 02/11/2018 1:22:07 PM PST by indthkr
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To: AndyJackson
mis·pri·sion1 misˈpriZHən/Submit nounLAWhistorical the deliberate concealment of one's knowledge of a treasonable act or a felony.
32 posted on 02/11/2018 3:47:27 PM PST by oldtech
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To: SteveH

If I had to answer my own question, then taking the optimistic view (sessions is a white hat, due to the 9k sealed indictments and q vouching for him in some way), then one of two scenarios seems possible:

Sessions indicts and calls for arrests the black hats himself, or special
Prosecutor is appointed (by whom?) to investigate, indict and call for the arrests of the black hats.

The second scenario sounds to me very long, tortuous and uncertain. It would be like a soldier called upon to fight a war and perform surgery on himself/herself at the same time. So maybe that means (again taking the optimistic view) that sessions is making rip roaring progress and all is as well as it could be...


33 posted on 02/11/2018 9:26:06 PM PST by SteveH
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To: Jim Noble

Imagine that happening. The LSM would faint dead away, if not actually soil themselves live on the air.

How on earth would that work, anyway??


34 posted on 02/11/2018 9:36:13 PM PST by hoagy62 (America Supreme!)
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