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. #41
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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by Luftwaffe View Post
    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.
    I disagree with you in the strongest terms because that would violate the Constitutional principle of the state militias being under the supreme command of the President of the United States. They cannot be said to be under the command of the President IF they are acting in violation of his orders.

  2. #42
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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by MildSteel View Post
    I disagree with you in the strongest terms because that would violate the Constitutional principle of the state militias being under the supreme command of the President of the United States. They cannot be said to be under the command of the President IF they are acting in violation of his orders.
    Per US code, state militias cannot be put under control of the United States. You're thinking of the state National Guards.

    All of the individuals within said militias however, can be drafted and in effect, be put under federal control.
    -----MOS 19D = cavalry scout = best damn MOS there is

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

    Quote Originally Posted by Ikari View Post
    Where does it say that the State cannot challenge the Federal Government?
    When it says that the militias are under the supreme command of the President of the United States.

    Quote Originally Posted by Ikari View Post
    Beyond just the men (governor and president) States can bring the Federal government to court to challenge all sorts of things.
    A legal challenge in court is certainly within bounds of the Constitution of the United States. A challenge through the threat of violence is not, UNLESS the Supreme Court has stated that the President is acting outside of his constitutional authority.

    Quote Originally Posted by Ikari View Post
    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.
    They MIGHT be able to do that as long as the President does not deem that such observation is an obstruction the Federal troop activity. Having said that, the case could be made that the governor, by ordering such observation by the state militia in response to fears of citizens that martial law might be imposed, is challenging Presidential power to invoke such martial law, and as such is 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 Luftwaffe View Post
    Per US code, state militias cannot be put under control of the United States. You're thinking of the state National Guards.

    All of the individuals within said militias however, can be drafted and in effect, be put under federal control.
    The Constitution clearly says that the state militias are under the supreme command of the President of the United States.

  5. #45
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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.
    You are confusing the Texas National Guard with the Texas State Guard. The Texas State Guard is not part of the DOD and cannot be federalized, it belongs only to the state and the governor is the CIC.
    Be sure to work hard and get lots of overtime. People on welfare want more steaks and free upgrades to smart phones with unlimited data packages.

  6. #46
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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by MildSteel View Post
    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.
    The states are only subordinate to the feds where specifically enumerated powers are concerned. In all other matters the states are sovereign. At least, that's the way it was intended to work. Libs are only concerned about the constitution when they think they can use it as a tool to force others to do as they will.

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

    Quote Originally Posted by countryboy View Post
    The states are only subordinate to the feds where specifically enumerated powers are concerned. In all other matters the states are sovereign. At least, that's the way it was intended to work.
    The constitution clearly, and explicitly states that the state militias are under the supreme command of the President.

    Quote Originally Posted by countryboy View Post
    Libs are only concerned about the constitution when they think they can use it as a tool to force others to do as they will.
    This isn't a Liberal vs Conservative issue as far as I am concerned. Its an issue of what the Constitution means and constitutional law.

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

    Quote Originally Posted by MildSteel View Post
    When it says that the militias are under the supreme command of the President of the United States.
    "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."

    When called into actual service of the United States. Yes, the President can assume control of State militia by calling them into service, but he does not get carte blanch control of State militias. Ultimately a militia is controlled by the State it serves and then President when called up.

    Quote Originally Posted by MildSteel View Post
    A legal challenge in court is certainly within bounds of the Constitution of the United States. A challenge through the threat of violence is not, UNLESS the Supreme Court has stated that the President is acting outside of his constitutional authority.
    They're just making sure the Feds stay within proper bounds.

    Quote Originally Posted by MildSteel View Post
    They MIGHT be able to do that as long as the President does not deem that such observation is an obstruction the Federal troop activity. Having said that, the case could be made that the governor, by ordering such observation by the state militia in response to fears of citizens that martial law might be imposed, is challenging Presidential power to invoke such martial law, and as such is in violation of the Constitution of the United States.
    We'll see what they lawyers say on that one. But as the State has control of its own militia, it seems to me that the governor has more than enough power to order them to monitor federal agents operating within his State.
    You know the time is right to take control, we gotta take offense against the status quo

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

    Quote Originally Posted by MildSteel View Post
    The Constitution clearly says that the state militias are under the supreme command of the President of the United States.
    No it does not.
    Why you continually refuse to acknowledge reality is beyond me.

    He is only CIC of them;
    when called into the actual Service of the United States;
    “The law is reason, free from passion.”
    Aristotle
    (≚ᄌ≚)

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

    Quote Originally Posted by Ikari View Post
    "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."

    When called into actual service of the United States. Yes, the President can assume control of State militia by calling them into service, but he does not get carte blanch control of State militias. Ultimately a militia is controlled by the State it serves and then President when called up.
    If the President were to declare martial law, AND the Supreme Court DID NOT say that the President was acting outside of his constitutional authority, then the militias would be in violation of the supreme command of the President, if they acted to obstruct such an imposition of martial law. As such they would be in violation of the Constitution of the United States.

    Quote Originally Posted by Ikari View Post
    They're just making sure the Feds stay within proper bounds.
    As far as the Constitution is concerned the checks and balances on Presidential power lies within the Federal court system, not through the governor of a state by ordering the activity of state militia activity, UNLESS the Supreme Court has said the President is acting outside of his constitutional authority.

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