Is it time for Congress to exercise their express power to Call the Militia?

[The2ndAmendment]

Since President Obama, the Executive, is refusing to protect the United States from an invasion, and the Judiciary wields no enforcement or military power, Article IV, Section 4 of the United States Constitution demands that the federal Government defends this Nation from both foreign and domestic invasion.

Since neither the Executive Branch is willing to honor their Oath to the Constitution under Article IV, Section 4, and since the Judiciary has no method of honoring that clause of Article IV, Section 4, the only remaining branch of the Federal Government that is both capable and empowered to repel the foreign invaders is the Legislature:

Article 1, Section 7:

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.

Congress does not need Obama's approval to act against this invasion.

Obama would then be compelled by Article II, Section 2, to repel the invasion identified by Congress:

The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States.

If he refuses to do so, Impeachment would not only be right, but a duty.

Anyone that provided aid and comfort to the invaders would be guilty of Treason via Article 3, Section 3 and summarily executed without delay:

Article III, Section 3:

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

Congress has the power under Article 1, Section 9 to suspend Habeas Corpus during an invasion of US soil, this would allow to Constitutionally detain and restrain US citizens who aided, abetted and provided comfort to the invaders, but not in a heinous enough fashion as to execute them. Eighth Amendment protections against torture would still apply.

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.

Eight Amendment:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

http://www.law.cornell.edu/uscode/text/10/311

10 U.S. Code § 311 - Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

 

[The2ndAmendment]

It would be perfectly Constitutional...

 

[occupied]

No

 

[House]

There's a call to arms I'd answer!

 

[The2ndAmendment]

There's a call to arms I'd answer!

Many legal latino citizens would as well!

 

[HelenaHandbag]

I do believe the governors of the appropriate states could call up their respective NGs.

 

[House]

I do believe the governors of the appropriate states could call up their respective NGs.

It would probably need to be declared an invasion before force could actually be used against the invaders.

(Just guessing, I'm sure somebody will come along and clarify)

 

[The2ndAmendment]

I do believe the governors of the appropriate states could call up their respective NGs.

It would probably need to be declared an invasion before force could actually be used against the invaders.

(Just guessing, I'm sure somebody will come along and clarify)

Each State has it's own laws and procedures for using military force to repel invasion within their own State. However, no State could send it's Militia or National Guards outside its own boundaries unless the federal Congress declared it an invasion or another State allowed them to cross their border. No State Militia or National Guard could travel outside the United States, as the Constitution explicitly forbids that.

 

[House]

I do believe the governors of the appropriate states could call up their respective NGs.

It would probably need to be declared an invasion before force could actually be used against the invaders.

(Just guessing, I'm sure somebody will come along and clarify)

Each State has it's own laws and procedures for using military force to repel invasion within their own State. However, no State could send it's Militia or National Guards outside its own boundaries unless the federal Congress declared it an invasion or another State allowed them to cross their border. No State Militia or National Guard could travel outside the United States, as the Constitution explicitly forbids that.

They wouldn't have to travel outside the borders. Tear gas would be an effective non-lethal deterrent

 

[Pete7469]

I say no.

Such escalation is a long way off. Not that I disagree in principle, but things will have to get REALLY fucked up before the public ignore the media spin and answers the call.

 

[House]

things will have to get REALLY fucked up

Take your head out of the sand!

 

[CorvusRexus]

I strongly doubt anyone will actually invade the US anytime soon. The section before the invasion part, concerning insurrection, I believe is much easier to foresee.

 

[House]

I strongly doubt anyone will actually invade the US anytime soon. The section before the invasion part, concerning insurrection, I believe is much easier to foresee.

Quite frankly, another call to arms I'd answer!

 

[The2ndAmendment]

They wouldn't have to travel outside the borders. Tear gas would be an effective non-lethal deterrent

Oh, you're asking about this specific crisis. Although the federal government has no authority to deny the States the ability to use of lethal force, it's likely that the Laws of each State forbid themselves from using lethal force against foreign invaders so long as they weren't rioting or physically harming legal US/State citizens/resisting LEO's when caught for deportation.

 

[House]

They wouldn't have to travel outside the borders. Tear gas would be an effective non-lethal deterrent

Oh, you're asking about this specific crisis. Although the federal government has no authority to deny the States the ability to use of lethal force, it's likely that the Laws of each State forbid themselves from using lethal force against foreign invaders so long as they weren't rioting or physically harming legal US/State citizens.

Hence the suggestion of the use of tear gas.

Also, they DO pose a threat to citizens with the diseases they are carrying. Not saying to kill those sick folks, but we need to keep them outside our borders. Tear gas would do wonders for that.

 

[The2ndAmendment]

but things will have to get REALLY fucked up before the public ignore the media spin

Things are really fucked up, and even legal latinos are ignoring the media spin now...

 

[Nutz]

Yes, its is time for Congress to protect us from radical teapers hell bent on a race war and revolution.

 

[House]

but things will have to get REALLY fucked up before the public ignore the media spin

Things are really fucked up, and even legal latinos are ignoring the media spin now...

If things don't get resolved soon, legal latinos stand to gain a lot of grief from the low information public.

 

[Katzndogz]

It is time to admit that we have no president and Clint Eastwood ' s chair had more substance than the empty suit in pretense.

 

[CorvusRexus]

I strongly doubt anyone will actually invade the US anytime soon. The section before the invasion part, concerning insurrection, I believe is much easier to foresee.

Quite frankly, another call to arms I'd answer!

Issue is, the way I see things playing out in such a circumstance is a Governor being elected to a highly red State who convinces several bordering red states to secede. After which things disintegrate into Red vs. Blue (instead of Blue vs. Grey) and a Second Civil War erupts, quite similar to the first in terms of areas blocking out to one side or another. Anyway, I don't see militias in a revolting state responding favorably to a Federal call to arms.