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Title: Obama is getting his ass kicked by "generic" Republican
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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: 26175
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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#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]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
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]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
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 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! &;-)
...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]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
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
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
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.
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
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."
Happy birfday Mammy...in advance.
[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: Article 1, Section 8: Article 1, Section 9: (still in the Article on Legislative powers) - - - - - Article 4, Section 4: - - - - - Militia Act of 1795, Section I: Militia Act of 1807 APPROVED, March 3, l807. - - - - - - - - - - - - - - -
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]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
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
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]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
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: 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: 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: The official proclamation stated, And the rest of the Militia Act of 1792 (repealed 1795) follows: 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.
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]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
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]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
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.
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.
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
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."
__________________________________________________________________________________________ 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]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
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]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
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.
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: 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/ § 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/ § 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: http://law.justia.com/codes/us/2010/title10/subtitlea/parti/chapter15/section333/ § 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/ § 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.
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.
Here's a clue for you. Funny you mention a local official, and not Obama. Yet you want to blame the POTUS and not local officials for Katrina. The truth about the matter is well documented. http://www.heritage.org/Research/Commentary/2010/06/Bushs-Katrina-Wasnt-Bushs-Katrina And BTW, FEMA isn't some agency with massive response capabilities involving earth moving equipment and airlift capabilities. There a couple of dozen guys with laptops writing checks. The Feds couldn't do anything in New Orleans until the one term wonder governor requested it and she stalled for days.
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
Never heard of it. Sounds interesting.
Never heard of it. Sounds interesting. Sorry bout that. The famous opinion in Ex Parte Merryman was an in chambers opinion of the Chief Justice of the U.S. Supreme Court Roger B Taney. It involves Lincoln's delegation of habeas suspension authority to General Scott who further delegated it, resulting in General Keim in Pennsylvania suspending the privilege in Maryland and ordering the arrest of John Merryman which was carried out in the middle of the night. A habeas corpus petition ensued. General Cadwallader, the one holding the body in detention, refused to appear before the court, and when the marshal went to effect service on Cadwallader, he was turned away. Taney had a copy of his opinion delivered to Lincoln. There is significant evidence that Lincoln issued an arrest warrant for the Chief Justice and gave it to Marshal Ward Hill Lamon for delivery. It was not delivered. If you are interested, there are also the cases involving Judge Merrick (law review article by Chief Justice Roberts) and Judge Carmichael. http://www.lewrockwell.com/dilorenzo/dilorenzo75.html by Thomas J. DiLorenzo Imagine that America had a Chief Justice of the United States who actually believed in enforcing the Constitution and, accordingly, issued an opinion that the war in Iraq was unconstitutional because Congress did not fulfill its constitutional duty in declaring war. Imagine also that the neocon media, think tanks, magazines, radio talk shows, and television talking heads then waged a vicious, months-long smear campaign against the chief justice, insinuating that he was guilty of treason and should face the punishment for it. Imagine that he is so demonized that President Bush is emboldened to issue an arrest warrant for the chief justice, effectively destroying the constitutional separation of powers and declaring himself dictator. An event such as this happened in the first months of the Lincoln administration when Abraham Lincoln issued an arrest warrant for Chief Justice Roger B. Taney after the 84-year-old judge issued an opinion that only Congress, not the president, can suspend the writ of habeas corpus. Lincoln had declared the writ null and void and ordered the military to begin imprisoning thousands of political dissenters. Taney's opinion, issued as part of his duties as a circuit court judge in Maryland, had to do with the case of Ex Parte Merryman (May 1861). The essence of his opinion was not that habeas corpus could not be suspended, only that the Constitution requires Congress to do it, not the president. In other words, if it was truly in "the public interest" to suspend the writ, the representatives of the people should have no problem doing so and, in fact, it is their constitutional prerogative. As Charles Adams wrote in his LRC article, "Lincoln's Presidential Warrant to Arrest Chief Justice Roger B. Taney," there were, at the time of his writing, three corroborating sources for the story that Lincoln actually issued an arrest warrant for the chief justice. It was never served for lack of a federal marshal who would perform the duty of dragging the elderly chief justice out of his chambers and throwing him into the dungeon-like military prison at Fort McHenry. (I present even further evidence below). All of this infuriates the Lincoln Cult, for such behavior is unquestionably an atrocious act of tyranny and despotism. But it is true. It happened. And it was only one of many similar constitutional atrocities committed by the Lincoln administration in the name of "saving the Constitution." [snip] Ex Parte Merryman - In Chambers Opinion of SCOTUS Chief Justice Taney Merryman Petition for Writ of Habeas Corpus (by Federal Judicial Center) There is another well known case involving Judge William Merrick. The below law review item comes from current Chief Justice John Roberts. http://www.virginialawreview.org/content/pdfs/92/375.pdf Extract from pages 382-84; article from 375-89. III. POLITICAL PRESSURES DURING THE CIVIL WAR The D.C. Circuit would not be so lucky in its next brush with the political branches. During the Civil War, the three judges on the D.C. Circuit found themselves at loggerheads with the Lincoln administration. The court was led in this struggle by Judge William Merrick, a Democrat who had been appointed by Franklin Pierce and who was deeply suspected by the Lincoln administration of harboring secessionist sympathies. The question facing the court was whether habeas corpus could issue against the Army to secure the release of minors who had enlisted without their parents’ consent. Judge Merrick held in one decision that it could and secured the release of minors from the Army. When he tried again two weeks later to do the same thing in another case, President Lincoln reacted. He ordered the Army not to comply with the judicial process. He further ordered the Comptroller General not to pay the salaries of the three judges, and he sent an armed sentry to stand guard outside Judge Merrick’s house. There is a lot of confusion and debate about exactly what was going on, but Judge Merrick chose to regard himself as confined to his house, and so he wrote a letter to his two colleagues to explain why he could not come to court the next day. Judge Merrick’s colleagues, in solidarity with their imprisoned-perhaps-colleague, issued an order to the Provost Marshal of the District of Columbia to show cause why he should not be held in contempt for these actions against Judge Merrick. One of the judges, Judge Morsel, said, “I intend to do my duty, and vindicate the character of this court as long as I sit here.” He then added, in my view somewhat ambiguously, “I am an old man.” This last statement seemed to detract from the threat, but maybe he was being maudlin in saying it was not going to be very long. In any event, President Lincoln did not back down. He sent Army officials to the court to announce that he had suspended the writ of habeas corpus in the District of Columbia. The court questioned whether Lincoln had the authority to do that retrospectively, as they put it, but they concluded that in the face of military authority there was nothing more that they could do, and that they would consider the case closed and accept no further filings in it. President Lincoln and the Republican Congress did not consider the case closed. They abolished the court and terminated the judgeships, creating in the place of the abolished court a new court called the Supreme Court of the District of Columbia. It looked a lot like the old court, except for the fact that it now had four vacancies to which President Lincoln appointed, and the Senate confirmed, four new appointees -- a former Republican Congressman from New York; a Republican Congressman from Delaware; an Ohio delegate to the Republican convention that nominated Lincoln; and Andrew Wylie. Wylie was reputed to be the only person in Alexandria who had voted for Lincoln. This Civil War episode is significant in two respects. First, I believe it is a unique episode in American legal history, in which reaction to a particular decision resulted in the abolition of the court and termination of the judgeships. Second, it shows what has been a characteristic of the District of Columbia Circuit from the beginning -- that to the extent the court asserts unique authority in the area of reviewing decisions of the national government, it is also uniquely vulnerable. Lincoln could not have ordered the Comptroller General to stop paying all the federal judges in the country, but he could order him to stop paying the judges in the District of Columbia. He could not, with the Republican Congress, have abolished all the federal courts in the country, replacing them with new courts and his appointees; but he could do that with respect to the District of Columbia Circuit, a small court in his backyard. See also the case of Judge Richard Carmichael. You might start to see a pattern. http://teachingamericanhistorymd.net/000001/000000/000016/html/t16.html During the Civil War, Judge Richard Bennett Carmichael was a presiding circuit court judge for Kent, Queen Anne, Caroline, and Talbot counties. In November 1861, federal officials arrested three men charged with interfering with the election process after they heckled Unionists at a rally. Opposed to the arbitrary arrests and abuse of civil liberties, Carmichael instructed grand juries to indict the persons who made or abetted such arrests. As a result, Secretary of State William Seward ordered Judge Carmichael's arrest. On May 27, 1862, Federal troops entered Carmichael's courtroom in Easton where he was pistol whipped and dragged from the Talbot County Circuit Court bench. Instantly this Officer with his revolver drawn pushed on Judge Carmichael and seized him by the breast of his coat. The other officer closed in also. I could not then see Judge Carmichael, but could see they were surging and pulling at him. I saw three pistols snapped at him in the scuffle. In dragging him from his seat the person of the Judge was again concealed from me for some short time. I saw however the officers in front of him striking at him with the barrels of the revolvers. In a short time the Judge covered with blood was dragged from his seat and platform. I soon after left courtroom. Several citizens meantime had been struck with the barrels of the revolvers by the deputies above named. I saw no citizen display a weapon of any sort or offer the least shadow of opposition or resistance. Taken to Fort McHenry, Judge Carmichael spent six months in various Union prisons without a trial and was unconditionally released on December 4, 1862. After the war, Judge Carmichael served in the Maryland House of Delegates and preside over the Maryland Constitutional Convention of 1867. He died October 21, 1884. [snip]
I know. 14 Amendment USCON: Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 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 14th amendment is a restatement of Article V in which a) the USCON is made the "supreme Law of the Land" and b) that every official or officer, be it state or Federal, is BOUND to it. Article I Section 9 The Congress Shall have Power: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; Thus, Title 10 is Congress exercising its Article I powers to enable a POTUS to enforce either or both Article V and/or 14A by setting in law under what conditions a POTUS may "[call] forth the militia.
America...My Kind Of Place... "I truly am not that concerned about [bin Laden]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
There is no doubt that the Federal measures that were taken prior to Irene's landfall were substantial and helpful. You folks being quiet about the overtly apparent and excellent Federal responise to Irene underscores this. So HA HA...that's me laughing last...
America...My Kind Of Place... "I truly am not that concerned about [bin Laden]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
Yeah right. I've got a fucking tree on my house and I haven't heard a damn thing from any Federal official. Some fucking federal response. Meanwhile, while you praise Bloomberg (for whatever reason), you are strangely silent about the local Louisiana officials response in Katrina. Mississippi wasn't whining at all.
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
The levees are Federal...what killed everyone?
America...My Kind Of Place... "I truly am not that concerned about [bin Laden]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
There was corruption and malfeasance over the maintenance of those levees for DECADES. Yet oddly, you seem to believe that Bush and only Bush was at fault. Typical BDS.
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
America...My Kind Of Place... "I truly am not that concerned about [bin Laden]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
You do know that maintenance of those levees was the responsibility of LOCAL officials?
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
...to be overseen by the ACE and funded with federal dollars that were cut in both 2003 and 2004.
America...My Kind Of Place... "I truly am not that concerned about [bin Laden]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
You're grasping at leftard talking point straws ------------------ http://www.factcheck.org/article344.html McClellan: You might want to talk to General Strock, who is the commander of the Army Corps of Engineers, because I think he's talked to some reporters already and talked about some of these issues. I think some people maybe have tried to make a suggestion or imply that certain funding would have prevented the flooding from happening, and he has essentially said there's been nothing to suggest that whatsoever, and it's been more of a design issue with the levees. We asked the Corps about that “design issue.” David Hewitt, a spokesman for the Army Corps of Engineers, said McClellan was referring to the fact that “the levees were designed for a category 3 hurricane.” He told us that, consequently, “when it became apparent that this was a category 5 hurricane, an evacuation of the city was ordered.” (A category 3 storm has sustained winds of no more than 130 miles per hour, while a category 5 storm has winds exceeding 155 miles per hour. Katrina had winds of 160 mph as it approached shore, but later weakened to winds of 140 mph as it made landfall, making it a strong category 4 storm, according to the National Hurricane Center.) We don't know whether the levees would have done better had the work been completed. But the Corps says that even a completed levee project wasn't designed for the storm that actually occurred. Nobody Anticipated Breach of the Levees? In an interview on ABC’s “Good Morning America” on September 1, President Bush said: Bush: I don’t think anyone anticipated breach of the levees …Now we’re having to deal with it, and will. Bush is technically correct that a "breach" wasn't anticipated by the Corps, but that's doesn't mean the flooding wasn't forseen. It was. But the Corps thought it would happen differently, from water washing over the levees, rather than cutting wide breaks in them.
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
You post something that validates what I have posted here but then claim that I'm simply repeating "talking points"? “the levees were designed for a category 3 hurricane.” That's what hit...
America...My Kind Of Place... "I truly am not that concerned about [bin Laden]..." "THE MILITIA IS COMING!!! THE MILITIA IS COMING!!!" I lurk to see if someone other than Myst or Pookie posts anything...
Katrina had winds of 160 mph as it approached shore, but later weakened to winds of 140 mph as it made landfall, making it a strong category 4 storm, according to the National Hurricane Center.)
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
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#30. To: Badeye (#28)
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#31. To: Badeye (#26)
Actually, he does have that ability,
The hippies wanted peace and love. We wanted Ferraris, blondes and switchblades. -- Alice Cooper
#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.
#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.
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#34. To: jwpegler (#31)
#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! &;-)
#36. To: Badeye (#35)
(Edited)
But I will enjoy watching Direct TV when it happens election night, 2012.
#37. To: Murron (#36)
#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.
#39. To: Murron (#12)
...I will be 59 on the 15th of this month.
#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.
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.
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;
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.
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.
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.
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.
#41. To: nolu chan (#40)
(Edited)
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#42. To: war (#29)
claimed no-one ever considered...the levees being breached.
#43. To: no gnu taxes (#42)
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#44. To: war (#41)
[war #41] What legislature or executive/governor applied to President Washington during the Whiskey Rebellion?
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.
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.
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";
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.
#45. To: nolu chan (#44)
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#46. To: nolu chan (#44)
The topic discussed here was insurrection.
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#47. To: war, nolu chan, jwpegler (#46)
FWIW, my original response was to the first sentence below.
#48. To: nolu chan (#44)
(Edited)
The hippies wanted peace and love. We wanted Ferraris, blondes and switchblades. -- Alice Cooper
#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."
#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.
HA! The tea-party, INDEED! They're so . . . ah . . . common
#51. To: no gnu taxes (#49)
(Edited)
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#52. To: Get Outta Dodge! (#50)
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#53. To: Get Outta Dodge! (#50)
Are you sure it couldn't happen? Really?
The hippies wanted peace and love. We wanted Ferraris, blondes and switchblades. -- Alice Cooper
#54. To: war (#45)
TITLE 10 US Code Subtitle A PART I CHAPTER 15 § 332
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.
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) 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)
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.
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) 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)
#55. To: jwpegler (#48)
#56. To: war (#51)
here's a clue: Bloomberg
#57. To: nolu chan (#55)
Merryman case
#58. To: A K A Stone (#57)
Merryman case
Lincoln's 'Great Crime': The Arrest Warrant for the Chief Justice
VA Law Review - by Chief Justice John G. Roberts, Jr.
Suspension of Civil Liberties in Maryland: The Case of Richard Bennett Carmichael
Maryland State Archives
350 Rowe Boulevard
Annapolis, MD 21401
Phone: (410) 260-6400
Internet: mdsa.net
e-mail: archives@mdsa.net
#59. To: nolu chan (#55)
The U.S. Constitution trumps anything else you are capable of misinterpreting. No statute can waive or nullify any requirement of the Constitution.
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#60. To: no gnu taxes (#56)
Here's a clue for you. Funny you mention a local official, and not Obama.
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#61. To: war (#60)
You folks being quiet about the overtly apparent and excellent Federal responise to Irene underscores this.
#62. To: no gnu taxes (#61)
Meanwhile, while you praise Bloomberg (for whatever reason), you are strangely silent about the local Louisiana officials response in Katrina.
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#63. To: war (#62)
#64. To: no gnu taxes (#63)
The levees are Federal...what killed everyone?
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#65. To: war (#64)
#66. To: no gnu taxes (#65)
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#67. To: war (#66)
#68. To: no gnu taxes (#67)
(Edited)
--GW Bush
--Sarah Palin's version of "The Midnight Ride of Paul revere"
#69. To: war (#68)
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