Porter Rockwell
Gold Member
- Dec 14, 2018
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- #561
lol.....a lot of philosophers in here!! Nobody cares. When you're being invaded, philosophers always end up the biggest losers.![]()
Militias have no legal authority to act unless directed by the governor of a state. If a state says they are not being invaded, it is illegal for any select militia to act on its own. Period.
That is not really true.
Originally there were no police at all, so militia is what refers to when you protect your own home, when the municipality organizes a posse to catch bank robbers, when the state organizes a defense from a native attack, or when the state fulfills a federal request for a division of troops. Those are ALL called militia, even though they are all under very different jurisdictions and supervision. The state and federal levels usually are capitalized because they are organized and issued identifying uniforms. But if someone comes onto your property to steal something, and you arrest them, you are acting as a militia capacity and it is perfectly legal because you have jurisdiction on your property. You just can't try to enforce federal immigration law unless you have been called up by the president. Even the governor can not legally enforce federal law.
I don't know what law school you went to, but I'd suggest looking that up in the United States Code.
Most people here are sensible enough to realize that state and local governments can enforce federal laws by virtue of power (you might have a point if we're discussing the Constitution and authority as opposed to the power of government.
Under the USC, defining the militia, no support can be found for what you're saying.