General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forumsmaybe the constitution has a way to deal with domestic terrorists
article 1 section 8 clause 15 , well, here is the wikipedia version
Article I, Section 8, Clause 15:
[The Congress shall have Power . . . ] To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; . . .
The states as well as Congress may prescribe penalties for failure to obey the Presidents call of the militia. They also have a concurrent power to aid the National Government by calls under their own authority, and in emergencies may use the militia to put down armed insurrection.1 The Federal Government may call out the militia in case of civil war; its authority to suppress rebellion is found in the power to suppress insurrection and to carry on war.2 The act of February 28, 1795,3 which delegated to the President the power to call out the militia, was held constitutional.4 A militiaman who refused to obey such a call was not employed in the service of the United States so as to be subject to the article of war, but was liable to be tried for disobedience of the act of 1795.5
the supreme court, i think scalia wrote for the majority, has held the all individuals are in the militia according to amendment 2 and the original intent.
add them together and
the president can call each self identified militia group, each jan 6 "hostage," the proud boys as a unit, and general flynn as an individual. at na reduced rank, of course.
once enrolled, they can be court martialed, or, even better, rehabilitated.` or, my actual preference, send them to central america to fight for the peons against the chiquita death squads.
no_hypocrisy
(48,492 posts)The Constitution is unconstitutional.
Think. Again.
(17,115 posts)brush
(57,052 posts)rampartc
(5,835 posts)the enabling legislation (required by this decision) will be "ex post facto" with regard to jan 6.
in fact, i'd love to have enabling legislation in time for their next tantrum. we should have it written and ready just in case.
brush
(57,052 posts)Think. Again.
(17,115 posts)We must ABSOLUTELY prepare in every way we can because they WILL be trying anything and everything they can to usurp the power of the United States.
FBaggins
(27,438 posts)The Militia Act of 1903 (which created the national guard) repealed the 1795 version