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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? Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 41. #4. To: no gnu taxes (#0) Prediction: Race riots and general chaos will cause the imposition of Martial Law before the '12 elections. The elections will be canceled. You heard it here, first. Get Outta Dodge!  posted on  2011-09-07   14:44:47 ET  Reply   Untrace   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. jwpegler  posted on  2011-09-07   15:58:08 ET  Reply   Untrace   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 Badeye  posted on  2011-09-07   16:17:00 ET  Reply   Untrace   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   Untrace   Trace   Private Reply   #41. To: nolu chan (#40) (Edited) What legislature or executive/governor applied to President Washington during the Whiskey Rebellion? war  posted on  2011-09-08   9:13:01 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 41. #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   Untrace   Trace   Private Reply   End Trace Mode for Comment # 41. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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