View Poll Results: Does a state governor have the Constitutional right to monitor Federal troops?

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Thread: Does a state governor have the Constitutional right to monitor Federal troops?

  1. #31
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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by Luftwaffe View Post
    He is only CiC if he calls them into service for the United States. Has he done so? No. Therefor the CiC of the state militia is currently the governor.
    If we take your logic to its conclusion, that would mean that unless the President EXPLICITLY called them into the service of the United States, they would be within their Constitutional limits if they fired upon Federal troops if the governor felt the President was unnecessarily enforcing martial law. I don't think that is the case. It would appear to me that there is an implicit subordination of the militia to the command of the President, when Federal troops are acting under Presidential authority, which they are in this case.

  2. #32
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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    [QUOTE=MildSteel;1064576032]
    Yes it is. As things stand now in terms of the Constitution, IF the President deemed there was an emergency and martial law needed to be implemented in Texas, only the Supreme Court could say that the President was in violation of the Constitution by doing so.
    As evidenced by history, one of the first things to go is the Governor.
    With the president's own guy in there, it does not matter what his authority is.



    The Texas Rangers were not charged with making the observations in this instance. Furthermore, it is my understanding that the Texas Rangers are not Texas defense force in the sense a defense force that is used to protect the sovereignty of the State.
    That is correct the Rangers were not the group asked to look at this.
    The Texas rangers are the last bit of standing army for the state of Texas,
    and have been used to protect the sovereignty of both the republic and the state.

  3. #33
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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by longview View Post
    The Texas rangers are the last bit of standing army for the state of Texas,
    and have been used to protect the sovereignty of both the republic and the state.
    Let me put it like this then. Texas does not have any national sovereignty anymore. It is has state sovereignty that is subordinate to the sovereignty of the United States of America.

  4. #34
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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by MildSteel View Post
    Let me put it like this then. Texas does not have any national sovereignty anymore. It is has state sovereignty that is subordinate to the sovereignty of the United States of America.
    I have not read the treaty, so do not know if that statement is 100% accurate.
    P.S. I don't think you have read the treaty ether.

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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by longview View Post
    I have not read the treaty, so do not know if that statement is 100% accurate.
    P.S. I don't think you have read the treaty ether.
    No I have not and don't need to read it. What is a fact is that Texas is a State of the United States of America. As such it has state sovereignty that is subordinate to the sovereignty of the United States, at least as far as the Constitution of the United States is concerned.

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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by MildSteel View Post
    An interesting question of constitutional law. Does the governor of Texas have the right to order a volunteer state militia to monitor Federal troops to ensure there is no hostile intent?



    Texas Governor Tells State Guard to Monitor Army Training - ABC News
    I has the ability to do so, yes. Government's don't have rights.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by Ikari View Post
    I has the ability to do so, yes. Government's don't have rights.
    As far as the Constitution of the United States is concerned, the governor of a state does not have the authority to challenge the power the the President of the United States, UNLESS the Supreme Court has said that the President is acting in violation of the Constitution of the United States.

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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by MildSteel View Post
    If we take your logic to its conclusion, that would mean that unless the President EXPLICITLY called them into the service of the United States, they would be within their Constitutional limits if they fired upon Federal troops if the governor felt the President was unnecessarily enforcing martial law. I don't think that is the case. It would appear to me that there is an implicit subordination of the militia to the command of the President, when Federal troops are acting under Presidential authority, which they are in this case.
    Nope. Look at the civil rights era when the state NG were mobilized against African Americans and the president had to respond with sending in the 101st airborne and the federalization of the Arkansas NG.

    Yes, unless the state guard are federalize or the state militia members put in a draft, the state can resist action by the federal government using state guards from either the NG or a state militia.
    -----MOS 19D = cavalry scout = best damn MOS there is

  9. #39
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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by MildSteel View Post
    As far as the Constitution of the United States is concerned, the governor of a state does not have the authority to challenge the power the the President of the United States, UNLESS the Supreme Court has said that the President is acting in violation of the Constitution of the United States.
    Where does it say that the State cannot challenge the Federal Government? Beyond just the men (governor and president) States can bring the Federal government to court to challenge all sorts of things. I think you want to claim that they cannot monitor federal presence and activity, and I think that is false as well. Obviously they can watch the feds and make sure they abide by the rules and conduct of Republic and State.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by MildSteel View Post
    But, the Constitution gives the President of the United States command of the militia of the states
    You can't ignore the bits you don't like.

    "....when called into actual service of the United States. "

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