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Title: Obama is getting his ass kicked by "generic" Republican
Source: [None]
URL Source: http://www.rasmussenreports.com/pub ... 12_generic_presidential_ballot
Published: Sep 7, 2011
Author: Rasmussen
Post Date: 2011-09-07 14:12:40 by no gnu taxes
Keywords: None
Views: 26017
Comments: 69

A generic Republican candidate earns the highest level of support to date against President Obama in a hypothetical 2012 election match-up for the week ending Sunday, September 4.

The latest Rasmussen Reports national telephone survey of Likely U.S. Voters finds the generic Republican earning 49% support, while the president picks up 41% of the vote.


Who is this Mr. Generic and how can we get him to start campaigning?

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#15. To: Murron (#12)

So what race riot were you around in the late 1950's?

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-07   15:23:59 ET  Reply   Trace   Private Reply  


#16. To: war (#10)

Aren't you in your mid-50's?

She watched the houses burn around her while sucking her thumb.

mininggold  posted on  2011-09-07   15:37:17 ET  Reply   Trace   Private Reply  


#17. To: Get Outta Dodge! (#14)

I'll sell you some fire extinguishers now...and some black paint for your windows...

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-07   15:39:46 ET  Reply   Trace   Private Reply  


#18. To: war (#15)

So what race riot were you around in the late 1950's?

None on a large enough scale to boast about..lol, they were ususally ended not long after they began, lots of looting, breaking windows, dragging people from their cars and beaten, but they never really wondered too far from their own communities. If you lived and attended school anywhere near downtown, it was nearly impossible to get a decent education, there were many, many sit-ins, protesting this, or that.

I suppose the riots that occured wern't large enough to report, racial tension was high then, and it still is. To get away from this I moved to Los Angeles in 69', imagine that? LMBO!! The only riot I've seen reported on happened in 2001.

SOURCE FOR STORY BELOW

The 2001 Cincinnati riots were the largest urban disorders in the United States since the Los Angeles riots of 1992. The four days of rioting were a reaction to the fatal shooting in Cincinnati, Ohio of Timothy Thomas, a 19-year-old black male, by Steven Roach, a white police officer, during an on-foot pursuit by several officers.

The riots began in earnest at nightfall. A group which was peacefully protesting in police presence near City Hall was dispersed and elements reformed on the residential outskirts of downtown. They moved into the business area of downtown Cincinnati and rioted.

There was violence against unarmed citizens who were in the area by the rioters. Businesses were looted, storefronts damaged, and small fires were set. The police's reaction was to guide the nucleus of the crowd by forming human walls to prevent the crowd from spreading while not fully encircling it allowing it to progress in the opening allowed. There were several injuries reported, none were serious, and some gunshots were reported.

The news of the rioting spread quickly and simultaneous riots broke out throughout Cincinnati suburbs of negligible damage. The streets were deserted in the early morning hours and businesses that were not damaged returned to as normal operations as possible.

Throughout the next day, downtown suffered a considerable loss of productivity, worker attendance and commerce. Many companies made sure their employees left the facilities before later hours to ensure they were safe from a possible resurgence of violence. During the work day, a small contingency of protesters gathered between the residential and business boundaries of downtown, shouting, disrupting traffic in a very confined area (of approximately 2 blocks on one street) but remained peaceful. There was a high concentration of police in that bordered area with pairs of police stationed throughout downtown on various street corners. Even with the police presence (and some suggest due to the police presence), when darkness hit the streets the riots returned.

The violence the second day was widespread. More incidents outside of the downtown area were reported. Even though there was the presence of some black community leaders (church congregation leaders, non-business organization leaders, etc.) before nightfall they were unable to keep the crowd from becoming violent. Again, the riots ended in the early morning hours and the next day, undamaged (and some damaged) businesses reopened, but with considerably less commerce and attendance.

Murron  posted on  2011-09-07   15:52:04 ET  Reply   Trace   Private Reply  


#19. To: Get Outta Dodge!, badeye (#4) (Edited)

The President has no authority whatsoever to declare Martial Law or to take charge of the National Guard for domestic purposes. Only governors can do this.

The President has no authority whatsoever to cancel or even postpone an election.

If the Marxists in the Obama Administration even think about doing something like this, it will destroy the Democrat Party for more than a generation.


The hippies wanted peace and love. We wanted Ferraris, blondes and switchblades. -- Alice Cooper

jwpegler  posted on  2011-09-07   15:58:08 ET  Reply   Trace   Private Reply  


#20. To: Murron (#18) (Edited)

I know about the 2001 riots - we discussed them at length at PipeBomb at the time - and that isn't what i asked about.

What race riots do you remember when your were 5?

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-07   16:00:10 ET  Reply   Trace   Private Reply  


#21. To: jwpegler (#19)

...or to take charge of the National Guard for domestic purposes.

Bzzzzt...

TITLE 10 US Code Subtitle A PART I CHAPTER 15 § 332

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.

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-07   16:07:16 ET  Reply   Trace   Private Reply  


#22. To: war (#20)

I know about the 2001 riots - we discussed them at length at PipeBomb at the time - and that isn't what i asked about.

Then I don't know what it is you're looking for, or are you just interested in calling me a liar? I also don't know what your talking about 'Pipebomb'?

Anyway, I lived through these troubled times whether you believe me or not, if you don't believe me, that's your problem, walk it off!

Murron  posted on  2011-09-07   16:09:48 ET  Reply   Trace   Private Reply  


#23. To: Murron (#7)

I've been around race riots, marches, rallies, protests and uprisings by the black communities since the late fifties, early sixties, have you ever noticed they don't leave areas they are familier with, they will not wonder into neighborhoods, or parts of the country where they know the citizens might be armed to the teeth?

Yep, and they know better than to screw around with suburban police departments who are concerned about being sacrificed to appease a large black community.

Thats why the riots stayed in those large urban areas each time.

Thats one of the reasons I moved out of Cincy four months before the riots there in 2000.

Proxy IP's are amusing.....lmao

Badeye  posted on  2011-09-07   16:12:48 ET  Reply   Trace   Private Reply  


#24. To: Get Outta Dodge! (#9)

Given the trajectory the D Statist faction is currently on, their only chance is to create mass civil unrest BEFORE the election.

That would only assure not only a landslide for the GOP, but a super majority in the Senate. JMHO.

Proxy IP's are amusing.....lmao

Badeye  posted on  2011-09-07   16:13:54 ET  Reply   Trace   Private Reply  


#25. To: Badeye (#23)

Thats one of the reasons I moved out of Cincy four months before the riots there in 2000.

Same here, and I've never thought about moving back, but I did move farther away than you did..you're still closer than I'd want to be. &;-)

Murron  posted on  2011-09-07   16:15:24 ET  Reply   Trace   Private Reply  


#26. To: jwpegler (#19)

The President has no authority whatsoever to declare Martial Law or to take charge of the National Guard for domestic purposes. Only governors can do this.

Actually, he does have that ability, JW.

He declares 'an insurrection'.

Bush came 'this close' to doing so when Kathleen Blanco froze up like a deer caught in the headlights in the wake of Katrina. He writes about it in his book, Doug Brinkley (hardly a Bush/Republican supporter) noted the same in his book 'The Great Deluge'. Hell, even Ray Nagin said as much, including he thought Blanco's inability to make ANY decision led to countless deaths...course that was Ray Nagin talkin lol

Proxy IP's are amusing.....lmao

Badeye  posted on  2011-09-07   16:17:00 ET  Reply   Trace   Private Reply  


#27. To: Murron (#22)

This is what you stated: I've been around race riots, marches, rallies, protests and uprisings by the black communities since the late fifties, early sixties.

Again, what race riots were you around when you were 5?

It's not a hard question.

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-07   16:18:39 ET  Reply   Trace   Private Reply  


#28. To: Murron (#25)

..you're still closer than I'd want to be. &;-)

(chuckle)

Good luck getting truckloads of rioting young black youts through Clarmont County to me, then 15 miles into the heart of the county infamous for the Brown County Militia' which is in fact a very real entity here.

I honestly don't know anyone here that doesn't own a selection of firearms.

Proxy IP's are amusing.....lmao

Badeye  posted on  2011-09-07   16:20:59 ET  Reply   Trace   Private Reply  


#29. To: Badeye (#26) (Edited)

Most of the Katrina Deaths occurred because of what Dumb Dumb claimed no-one ever considered...the levees being breached...levees that saw their federal maintenance funding cut in 2003 and 2004.

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-07   16:21:47 ET  Reply   Trace   Private Reply  


#30. To: Badeye (#28)

Do you believe that they are coming for you unarmed, Boofer?

Than again, your [sic] a vet...

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-07   16:24:16 ET  Reply   Trace   Private Reply  


#31. To: Badeye (#26)

Actually, he does have that ability,

Martial law usually refers to military control of the country.

The Posse Comitatus Act of 1878 prohibits the Army, Air Force and National Guard under federal authority from acting in a law enforcement capacity within the United States.

Only state governors can use the National Guard in a law enforcement capacity.


The hippies wanted peace and love. We wanted Ferraris, blondes and switchblades. -- Alice Cooper

jwpegler  posted on  2011-09-07   16:26:33 ET  Reply   Trace   Private Reply  


#32. To: Badeye (#28)

Good luck getting truckloads of rioting young black youts through Clarmont County to me, then 15 miles into the heart of the county infamous for the Brown County Militia' which is in fact a very real entity here.

I honestly don't know anyone here that doesn't own a selection of firearms.

I love the area we live, we are at the crossroads of 3 counties, close to 3 small cities surrounding us, but still in rural areas, strangers would be totally lost, strangers looking for trouble would be toast! &;-)

Murron  posted on  2011-09-07   16:29:46 ET  Reply   Trace   Private Reply  


#33. To: jwpegler (#31)

The Posse Comitatus Act of 1878 prohibits the Army, Air Force and National Guard under federal authority from acting in a law enforcement capacity within the United States.

...unless otherwise authorized by Congress or the Constitution...

That said, PCA is a proscription of the military being used to enforce local laws...

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-07   16:30:29 ET  Reply   Trace   Private Reply  


#34. To: jwpegler (#31)

Actually, he does have that ability, Martial law usually refers to military control of the country.

The Posse Comitatus Act of 1878 prohibits the Army, Air Force and National Guard under federal authority from acting in a law enforcement capacity within the United States.

Only state governors can use the National Guard in a law enforcement capacity.

I understand what the various laws, and the Constitutional powers say JW.

Bottom line is if any POTUS declares 'insurrection' its moot. The Federal government would then effective immediately upon the declarartion, federalize the state's national guard.

My only point is actually, yes POTUS, any POTUS, can do that if they desire.

Lets hope none ever do, eh?

Proxy IP's are amusing.....lmao

Badeye  posted on  2011-09-07   16:33:24 ET  Reply   Trace   Private Reply  


#35. To: Murron (#32)

I love the area we live, we are at the crossroads of 3 counties, close to 3 small cities surrounding us, but still in rural areas, strangers would be totally lost, strangers looking for trouble would be toast! &;-)

One large town, literally a courthouse and a square (laughing), then a bunch of 'bergs' again, literally.

And we're so far off the beaten path, like you, its not a worry.

But I will enjoy watching Direct TV when it happens election night, 2012.

Proxy IP's are amusing.....lmao

Badeye  posted on  2011-09-07   16:35:48 ET  Reply   Trace   Private Reply  


#36. To: Badeye (#35) (Edited)

But I will enjoy watching Direct TV when it happens election night, 2012.

I'll be doing the same, but with Dish Network, Direct TV sucks! Just keep us informed BE, you've a better handle on what's happening than most, I don't respond to all the threads posted here, but I do read them.

Murron  posted on  2011-09-07   16:40:01 ET  Reply   Trace   Private Reply  


#37. To: Murron (#36)

I will, if for no other reason than I'd come back up here to the office loaded for bear.

Proxy IP's are amusing.....lmao

Badeye  posted on  2011-09-07   16:51:13 ET  Reply   Trace   Private Reply  


#38. To: Murron (#18)

Many companies made sure their employees left the facilities before later hours to ensure they were safe from a possible resurgence of violence.

There are still a lot of businesses in Downtown Cincy that close their doors by 3 PM to ensure their employees make it out before it gets dark and the "less than desirables" decide to get outta bed......

When asked by a Liberal what I bought my Granddaughter for her 1st birthday I replied, "MORE AMMUNITION"!!!! -----------------------------"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf."

CZ82  posted on  2011-09-07   17:11:11 ET  Reply   Trace   Private Reply  


#39. To: Murron (#12)

...I will be 59 on the 15th of this month.

Happy birfday Mammy...in advance.

Fred Mertz  posted on  2011-09-07   22:41:26 ET  Reply   Trace   Private Reply  


#40. To: Badeye, jwpegler (#26)

[jwpegler #19] The President has no authority whatsoever to declare Martial Law or to take charge of the National Guard for domestic purposes. Only governors can do this.

[Badeye #26] Actually, he does have that ability, JW. He declares 'an insurrection'.

For the President to lawfully send in the Militia requires an application of the Legislature of the State, or of the Executive of the State in a case where the Legislature cannot be convened. This express requirement is found at U.S. Const., Art. 4, Sec. 4.

The Militia Act of 1795 repeats the precise phrasing of the Constitution, expressly conforming to the limitation imposed by the Constitution. The Militia Act of 1807 cites "where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection." Such lawfulness is expressly dependent on adherence to the Constitution, Art. 4, Sec 4. which expressly requires State application.

Article 1, Section 1:

All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Article 1, Section 8:

The Congress shall have power to ... To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

Article 1, Section 9: (still in the Article on Legislative powers)

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.

- - - - -

Article 4, Section 4:

The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.

- - - - -

Militia Act of 1795, Section I:

And in case of an insurrection in any state, against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such state, or of the executive, (when the legislature cannot be convened,) to call forth such number of the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection.

Militia Act of 1807

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, slIch part of the land or naval force of the United States, as shall be judged necessary, having first observed all the pre-requisites of the law in that respect.

APPROVED, March 3, l807.

- - - - -

Militia Act of 1795

- - - - -

Militia Act of 1807

- - - - -

nolu chan  posted on  2011-09-07   23:49:11 ET  Reply   Trace   Private Reply  


#41. To: nolu chan (#40) (Edited)

What legislature or executive/governor applied to President Washington during the Whiskey Rebellion?

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-08   9:13:01 ET  Reply   Trace   Private Reply  


#42. To: war (#29)

claimed no-one ever considered...the levees being breached.

Wrong again, dumbass. No one did talk about the levees being breached. What they talked about was the levees being overtopped.

Obama has played at being a president while enjoying the perks … golf, insanely expensive vacations at tax-payer expense. He has ignored the responsibilities of the job; no plans, no budgets, no alternatives … just finger pointing; making him a complete failure as a president

no gnu taxes  posted on  2011-09-08   9:22:11 ET  Reply   Trace   Private Reply  


#43. To: no gnu taxes (#42)

Riiight....a HUGE difference to someone being drowned...

Anyway, Dumb Dumb was briefed the day before Katrina made landfall that the levees could be breeched or overtopped. It's not a debateable point any more.

Except to felchers like you...

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-08   10:47:49 ET  Reply   Trace   Private Reply  


#44. To: war (#41)

[war #41] What legislature or executive/governor applied to President Washington during the Whiskey Rebellion?

Washington acted pursuant to the Militia Act of 1792 which was repealed in 1795. The topic discussed here was insurrection.

In the Militia Act of 1792 (repealed 1795), Section 1 explicitly pertains to insurrection. The subsequent sections do not. Washington acted under the provisions of the Militia Act that pertained to civil disturbances, not insurrection. He provided assistance to the marshals of the courts.

From the Militia Act of 1792, repealed over two centuries ago, regarding INSURRECTION:

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States, to call forth such number of the militia of the state or states most convenient to the place of danger or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose, to such officer or officers of the militia as he shall think proper; and in case of an insurrection in any state, against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such state, or of the executive (when the legislature cannot be convened) to call forth such number of the militia of any other state or states, as may be applied for, or as he may judge sufficient to suppress such insurrection.

The remaining sections pertain the Civil Disturbances where the militia may be used TO ASSIST THE MARSHALS OF THE FEDERAL COURTS in enforcing the law. It involves combinations of persons, not the state government. The President was authorized to use out-of-state militia only if:

  • the militia of the state refuse or are insufficient to suppress the combination of persons

  • the legislature of the United States is not in session

This militia is to assist the marshals of the Federal courts. Section 9 states the authority of said marshals: "the marshals of the several districts and their deputies, shall have the same powers in executing the laws of the United States, as sheriffs and their deputies in the several states have by law, in executing the laws of their respective states."

From the Militia Act of 1792, repealed over two centuries ago, regarding CIVIL DISTURBANCES:

SEC. 2. And be it further enacted, That whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, the same being notified to the President of the United States, by an associate justice or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse, or be insufficient to suppress the same, it shall be lawful for the President, if the legislature of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of militia, so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session.

The official proclamation stated,

And whereas, James Wilson, an associate justice, on the 4th instant, by writing under his hand, did from evidence which had been laid before him notify to me that "in the counties of Washington and Allegany, in Pennsylvania, laws of the United States are opposed and the execution thereof obstructed by combinations too powerful to be suppressed by the ordinary course of judicial proceedings or by the powers vested in the marshal of that district";

And the rest of the Militia Act of 1792 (repealed 1795) follows:

SEC. 3. Provided always, and be it further enacted, That whenever it may be necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the President shall forth. with, and previous thereto, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes, within a limited time.

SEC. 4. And be it further enacted, That the militia employed in the service of the United States, shall receive the same pay and allowances, as the troops of the United States, who may be in service at the same time, or who were last in service, and shall be subject to the same rules and articles of war: And that no officer, non-commissioned officer or private of the militia shan be compelled to serve more than three months in anyone year, nor more than in due rotation with every other ablebodied man of the same rank in the battalion to which he belongs.

SEC. 5. And be it further enacted, That every officer, non-commissioned officer or private of the militia, who shall fail to obey the orders of the President of the United States in any of the cases before recited, shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determined and adjudged by a court martial; and such officer shall, moreover, be liable to be cashiered by sentence of a court martial: and such non-commissioned officers and privates shall be liable to be imprisoned by a like sentence, on failure of payment of the fines adjudged against them, for the space of one calendar month for every five dollars of such fine.

SEC. 6. And be it further enacted, That courts martial for the trial of militia shall be composed of militia officers only.

SEC. 7. And be it further enacted, That all fines to be assessed, as aforesaid, shall be certified by the presiding officer of the court martial before whom the same shall be assessed, to the marshal of the district, in which the delinquent shall reside, or to one of his deputies; and also to the supervisor of the revenue of the same district, who shall record the said certificate in a book to be kept for that purpose. The said marshal or his deputy shall forthwith proceed to levy the said fines with costs, by distress and sale of the goods and chattels of the delinquent, which costs and the manner of proceeding, with respect to the sale of the goods distrained, shall be agreeable to the laws of the state, in which the same shall be, in other cases of distress; and where any non·com· missioned officer or private shall be adjudged to suffer imprisonment, there being no goods or chattels to be found, whereof to levy the said fines, the marshal of the district or his deputy may commit such delinquent to gaol, during the term, for which he shall be so adjudged to imprisonment, or until the fine shall be paid, in the same manner as other persons condemned to fine and imprisonment at the suit of the United States, may be committed.

SEC. 8. And be it further enacted, That the marshals and their deputies shall pay all such fines by them levied to the supervisor of the revenue, in the district in which they are collected, within two months after they shall have received the same, deducting therefrom five per centum, as a compensation for their trouble; and in case of failure, the same shall be recoverable by action of debt or information in any court of the United States, of the district, in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted and recovered, in the name of the supervisor of the district, with interest and costs.

SEC. 9. And be it further enacted, That the marshals of the several districts and their deputies, shall have the same powers in executing the laws of the United States, as sheriffs and their deputies in the several states have by law, in executing the laws of their respective states.

SEC. 10. And be it further enacted, That this act shall continue and be in force, for and during the term of two years, and from thence to the end of the next session of Congress thereafter, and no longer.

APPROVED, May 2, 1792.

nolu chan  posted on  2011-09-08   15:03:35 ET  Reply   Trace   Private Reply  


#45. To: nolu chan (#44)

TITLE 10 US Code Subtitle A PART I CHAPTER 15 § 332

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.

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-08   15:06:26 ET  Reply   Trace   Private Reply  


#46. To: nolu chan (#44)

The topic discussed here was insurrection.

FWIW, my original response was to the first sentence below.

I ignored the paranoid rantings.

#19. To: Get Outta Dodge!, badeye (#4) (Edited)

The President has no authority whatsoever to declare Martial Law or to take charge of the National Guard for domestic purposes. Only governors can do this.

The President has no authority whatsoever to cancel or even postpone an election.

If the Marxists in the Obama Administration even think about doing something like this, it will destroy the Democrat Party for more than a generation.

jwpegler posted on 2011-09-07 15:58:08 ET Reply Trace Private Reply

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-08   15:11:15 ET  Reply   Trace   Private Reply  


#47. To: war, nolu chan, jwpegler (#46)

FWIW, my original response was to the first sentence below.

I ignored the paranoid rantings.

#19. To: Get Outta Dodge!, badeye (#4) (Edited)

The President has no authority whatsoever to declare Martial Law or to take charge of the National Guard for domestic purposes. Only governors can do this.

The President has no authority whatsoever to cancel or even postpone an election.

If the Marxists in the Obama Administration even think about doing something like this, it will destroy the Democrat Party for more than a generation.

jwpegler posted on 2011-09-07 15:58:08 ET Reply Trace Private Reply

jwpegler is a kook - claims to love "limited govt" Taiwan when doing business there (allegedly) but is too stupid to know that Taiwan has a single payer (aka govt funded socialist) health care system.

With the economy still in the dumper -- maybe permanently? -- and full-time jobs becoming as scarce as rain during a drought, huge percentages of Americans have had their (misplaced) faith in the American dream shaken, the upper-middle-class consumerist lifestyle is exposed as a mirage for anybody who plays by the rules. Capitalism and the America that embraced it as a way of life is now and forever more a failure. It does me good to know that the generation that voted in Reagan and his ideology will see their America die from that ideology before their very own eyes and knowing they had a hand in its destruction.

Godwinson  posted on  2011-09-08   15:13:27 ET  Reply   Trace   Private Reply  


#48. To: nolu chan (#44) (Edited)

The Posse Comitatus Act of 1878

From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section...

The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity...

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both....


Again, the President has no authority to declare Martial Law or use the military for domestic law enforcement.

Governors have this power.

The Congress can pass a specific law allowing this, just as Congress can pass a specific law to declare war.

Let's back to the original assertion in this thread -- that Obama is going to cancel the election and declare Martial Law.

There isn't any provision anywhere that enables the President to cancel the election.

The President also cannot declare Martial Law.

If he tries to do these things, the House will have him arrested.


The hippies wanted peace and love. We wanted Ferraris, blondes and switchblades. -- Alice Cooper

jwpegler  posted on  2011-09-08   16:14:07 ET  Reply   Trace   Private Reply  


#49. To: war (#43)

On Aug. 27, two days before the storm made landfall, FEMA had prepared a slide presentation for White House officials. The FEMA slides said a Category 4 storm surge "could greatly overtop levees and protective systems."

That's the warning that was given. And even if he was briefed about breechings, what are you supposed to do about it 2 days before landfall? Have the entire levy system rebuilt in 2 days as a hurricane is approaching. You post the most ridiculous things.

Obama has played at being a president while enjoying the perks … golf, insanely expensive vacations at tax-payer expense. He has ignored the responsibilities of the job; no plans, no budgets, no alternatives … just finger pointing; making him a complete failure as a president

no gnu taxes  posted on  2011-09-08   16:30:52 ET  Reply   Trace   Private Reply  


#50. To: jwpegler (#48)

Let's back to the original assertion in this thread -- that Obama is going to cancel the election and declare Martial Law.

There isn't any provision anywhere that enables the President to cancel the election.

The President also cannot declare Martial Law.

If he tries to do these things, the House will have him arrested.

I made my 'prediction' somewhat (but not entirely) tongue-in-cheek.

Are you sure it couldn't happen? Really?

If we still lived under a Constitution, I'd agree with you. But if we've learned anything in my lifetime, it's that the Constitution can be twisted and turned to say anything.

Look - I hope I'm wrong. But I just don't see the Statists and Marxists who surround Obama to give up power peacefully. A lot of money was spent to install Obama and his minions.

It looks like a bloodbath for the D Statists is coming. As the old saying goes, "desperate times call for desperate measures."

__________________________________________________________________________________________

HA! The tea-party, INDEED! They're so . . . ah . . . common

Get Outta Dodge!  posted on  2011-09-08   16:30:55 ET  Reply   Trace   Private Reply  


#51. To: no gnu taxes (#49) (Edited)

The State of Emergency was ordered three days before...it was a pretty sure bet NOLA was going to be hit before that.

Your apology for Dumb Dumb's incompetence, though, has lingered for years...

here's a clue: Bloomberg, a smart guy, had a plan for a Cat 3 Hurricane in place for NY long before Irene even formed.

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-08   16:45:50 ET  Reply   Trace   Private Reply  


#52. To: Get Outta Dodge! (#50)

If you give any credence to the rantings of a lunatic you're a Moonie yourself...

America...My Kind Of Place...

"I truly am not that concerned about [bin Laden]..."
--GW Bush

"THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!"
--Sarah Palin's version of "The Midnight Ride of Paul revere"

I lurk to see if someone other than Myst or Pookie posts anything...

war  posted on  2011-09-08   16:46:53 ET  Reply   Trace   Private Reply  


#53. To: Get Outta Dodge! (#50)

Are you sure it couldn't happen? Really?

The left thought that George Bush was going to cancel the election and declare Martial Law. After all, Bush did pass the Patriot Act.

It didn't happen.

It's not going to happen with Obama either.

In spite of Obama having the most leftist administration in history, a lot of his appointees are wimpy academics who can go back to their upper middle class lifestyles when he leaves office.

There aren't many people willing to risk life and limb to keep him in office at all costs.

Yes, at some point it could happen here, but not with Obama. He's not enough of a leader to make it so.


The hippies wanted peace and love. We wanted Ferraris, blondes and switchblades. -- Alice Cooper

jwpegler  posted on  2011-09-08   17:42:48 ET  Reply   Trace   Private Reply  


#54. To: war (#45)

TITLE 10 US Code Subtitle A PART I CHAPTER 15 § 332

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.

The U.S. Constitution trumps anything else you are capable of misinterpreting. No statute can waive or nullify any requirement of the Constitution.

U.S. Const., Article 4, Section 4:

The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.

You are citing the statute that contains the codified language of a Congressional Act. You are still in the section to provide assistance to the marshals of the courts in cases of domestic violence. Insurrection is covered by 10 U.S.C § 331.

http://law.justia.com/codes/us/2010/title10/subtitlea/parti/chapter15/section331/

2010 US Code
Title 10 Armed Forces
Subtitle A —General Military Law (§§ 101—2925)
PART I —ORGANIZATION AND GENERAL MILITARY POWERS (§§ 101—490)
CHAPTER 15 —INSURRECTION (§§ 331—336)

§ 331. Federal aid for State governments

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.

http://law.justia.com/codes/us/2010/title10/subtitlea/parti/chapter15/section332/

2010 US Code
Title 10 Armed Forces
Subtitle A —General Military Law (§§ 101—2925)
PART I —ORGANIZATION AND GENERAL MILITARY POWERS (§§ 101—490)
CHAPTER 15 —INSURRECTION (§§ 331—336)

§ 332. 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.

For clarification, the underlined word impracticable is distinct from a different word, impractical.

Black's Law Dictionary, Sixth Edition:

Practicable, practicably. Practicable is that which may be done, practiced, or accomplished; that which is performable, feasible, possible; and the adverb practica­bly means in a practicable manner. Within liability policy providing that when accident occurred, written notice should be given by or on behalf of insured to insurer or any of its authorized agents as soon as practi­cable, "practicable" was held to mean feasible in the circumstances. Frey v. Security Ins. Co. of Hartford, D.C.Pa., 331 F.Supp. 140, 143.

http://law.justia.com/codes/us/2010/title10/subtitlea/parti/chapter15/section333/

2010 US Code
Title 10 Armed Forces
Subtitle A —General Military Law (§§ 101—2925)
PART I —ORGANIZATION AND GENERAL MILITARY POWERS (§§ 101—490)
CHAPTER 15 —INSURRECTION (§§ 331—336)

§ 333. Interference with State and Federal law

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.

http://law.justia.com/codes/us/2010/title10/subtitlea/parti/chapter15/section334/

2010 US Code
Title 10 Armed Forces
Subtitle A —General Military Law (§§ 101—2925)
PART I —ORGANIZATION AND GENERAL MILITARY POWERS (§§ 101—490)
CHAPTER 15 —INSURRECTION (§§ 331—336)

§ 334. Proclamation to disperse

Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time.

nolu chan  posted on  2011-09-08   18:46:46 ET  Reply   Trace   Private Reply  


#55. To: jwpegler (#48)

I agree with almost everything you said. The President has no lawful authority to declare Martial Law, suspend the privilege of the writ of habeas corpus, or cancel an election, or just up and march armed forces into a state to do battle or enforce laws.

I would not bet on the House arresting anybody. Lincoln declared martial law and suspended the privilege of the writ of habeas corpus, and delegated his claimed authority to suspend the privilege of the writ to military officers who were authorized to delegate it further down the chain of command, which they did. The Congress did not approve the acts, as requested, but they did not have him arrested either. The Chief Justice conceded to the raw power of the Executive in the Merryman case. One side had marshals, and the other controled an army and had little regard for the law. The one with the army was not arrested.

nolu chan  posted on  2011-09-08   19:03:31 ET  Reply   Trace   Private Reply  



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