This is exciting because it goes legally to where we need to be going anyway at this juncture, IMO.
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The
Constitution is informative here. In Article IV, Section 4, the federal
government is required to "protect each [state] against Invasion; and
[on request of the state government] against domestic Violence." As St.
George Tucker noted, this provision guards against "the possibility of
an undue partiality in the federal government," for example a
"sectional" president who might, for political reasons, decline to
protect states in a certain region. Today the federal government, at
the direction of the president, has declined to carry out its duty
under Article IV. Leaving aside its other possible consequences, this
intentional failure to protect Arizona raises the question of what
action the state is now entitled to take under the Constitution.
This brings us to
Article I, Section 10, Clause 3, which provides that "No State shall,
without the Consent of Congress ... engage in War, unless actually
invaded, or in such imminent Danger as will not admit of delay."
So, the militias organized and armed by a state may go to war when the
state has been invaded or is in imminent danger. This is clear under
Article I, and plainly justified when the federal
government has deliberately failed to protect against invasion as
required by Article IV. (The Full Monty)
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