Sunday, July 18, 2010

God helps those who help themselves -

Obama lawsuit invites
fortified state militia


For one thing, Arizona can form and expand its own state militia. Such forces were common when our nation was founded, and the Second Amendment recognizes that a "well-regulated Militia" is "necessary to the security of a free State." In short, Arizona  and other states can raise and arm their own military forces. But, for what purpose can such forces legally act?

Boned Jello

This is exciting because it goes legally to where we need to be going anyway at this juncture, IMO. 
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)

5 comments:

DougM said...

I wonder if that provides justification for AZ to occupy Federal land along the border with AN Nat Guard or volunteer militia.

(Turing word: larfe. I don't, not at this.)

Anonymous said...

Along these lines, I think the tipping point will be when a governor takes matters into the state's hands, whether it be defiance of a healthcare mandate an immigration issue or some other Federal trespass on state sovereignty, and he/she arrests Federal employees who try to interfere with the state's rights as interpreted by the governor.
Lt. Col. Gen. Tailgunner dick

Anonymous said...

I hope it's my state that is the one that puts it's foot down because I'll be right there with my Gov but it sure ain't gonna happen with a butt boy like Ritter-if Hikenlooper is elected, I'm moving to Texas
MM

Anonymous said...

Lt. Col. Gen Tailgunner dick:
I believe you're right. When the Feds try to force a state to not enforce a law, I think there should be a problem. In the AZ case I think it might not be a bad idea to at least detain some of the DOJ lawyers who are trying to prosecute this case. Force a 10th amendment case, or even better an Article 1, Section 10 case.

OldBB

Anonymous said...

Article 10 of the state constitution is why I live in New Hampshire. Notice it is written as a right, albeit a responsibility, to revolt. ‘Course, we have the least intrusive state legislature going drawing the smallest wages and pensions going so there’s not a lot of silly political nepotism or corporate cronyism running rampant. Viva la Freedom!

June 2, 1784
[Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.

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