To: Sir Gawain
Legally:
You have statutory authority to intervene with military force in a state's domestic disputes, upon request from the state legislature (or governor), at 10 U.S.C. 331:
Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection.
Similar statutory authority permits you to use military force without any state request to address circumstances whenever and wherever you determine that the laws of the United States cannot be enforced (10 U.S.C. 332):(1)
Such circumstances could include when the United States is under an attack that renders normal law enforcement powerless.
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 or Territory 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.
965 posted on
10/20/2002 10:40:32 PM PDT by
justshe
To: Sir Gawain
Further:
The U.S. Supreme Court has herein decided that you have dictatorial power, including the power to suspend the Constitution.:
What the Supreme Court held was simply this: that the president of the United States has the constitutional power, under such circumstances as he shall deem imperative, to brand as belligerents the inhabitants of any area in general insurrection. In other words, he has an almost unrestrained power to act toward insurrectionary citizens as if they were enemies of the United States, and thus place them outside the protection of the constitution. This, it seems hardly necessary to state, is dictatorial power in the extreme. The Constitution can be suspended after all -- by any President of the United States who ascertains and proclaims a widespread territorial revolt.(3)
967 posted on
10/20/2002 10:44:04 PM PDT by
justshe
To: justshe
Who are the militia?
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