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. #51
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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Oh goody, another poll where anyone who responds is wrong. Sad when the word "clear" doesn't mean what it actually means. Good try by those who are actually quoting the Constitution: "...when called into the actual Service of the United States."

  2. #52
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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 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.
    But that's not the case here, yes?

    Quote Originally Posted by MildSteel View Post
    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.
    There are many checks and balances, including checks on the federal government by State. The federal government doesn't have full authority and that's specified in the 9th and 10th amendment. In fact, the 10th reserves powers to the State and People.
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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
    Constitutional right? Not sure, but they should have.
    Killing one person is murder, killing 100,000 is foreign policy

  4. #54
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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.
    Read the damn laws. The state guards cannot be wholly commissioned by the United States.

    And no, it's not unconstitutional.
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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by DVSentinel View Post
    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.
    My bad.
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  6. #56
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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, and explicitly states that the state militias are under the supreme command of the President.



    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.
    You know full well what the constitution says (you quoted it earlier), and claiming the POTUS has "supreme command" over state militia is disingenuous, at best. Thanks for proving my point concerning libs and the constitution.
    Last edited by countryboy; 04-29-15 at 12:53 PM.

  7. #57
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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by Ikari View Post
    But that's not the case here, yes?
    No it is not the case. But what is a fact is that the Governor of Texas was responding to complaints by citizens that the government was planning to declare martial law. That is a fact. Since that is the case, the intent of the Governor could be construed as being one to demonstrate that the citizens had nothing to worry about because the state militia was there in insure that if the President made such an order, the Governor would obstruct such an order. Otherwise the need to monitor would be of no value. As such, it can be seen as a challenge to the authority of President to make such an order, not through the legitimate constitutional means of the courts, but through the illegitimate use of the state militia.

    Quote Originally Posted by Ikari View Post
    There are many checks and balances, including checks on the federal government by State. The federal government doesn't have full authority and that's specified in the 9th and 10th amendment. In fact, the 10th reserves powers to the State and People.
    No. The constitution does not provide for checks and balances on the power of the federal government by the states. It provides for checks and balances between the various branches of the federal government.

  8. #58
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    Re: Does a state governor have the Constitutional right to monitor Federal troops?

    Quote Originally Posted by countryboy View Post
    You know full well what the constitution says (you quoted it earlier), and claiming the POTUS has "supreme command" over state militia is disingenuous, at best. Thanks for proving my point concerning libs and the constitution.
    No it is not disingenuous. It is a fact that the Constitution explicitly states that.

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

    Quote Originally Posted by Montecresto View Post
    Constitutional right? Not sure, but they should have.
    Constitutional right to monitor Federal troop activity for what purpose? Unless the President is acting outside of the Constitution, the Governor of a State cannot use the militia to obstruct Federal troop activity or given the impression to citizens that he could do such. I don't think its a good idea for them to have that right because it is good that the state mechanism for violent coercion be subordinate to the Federal mechanism. Its a lot easier to develop a statewide consensus for the misuse of such power, than it is to do so at a national level.

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

    Quote Originally Posted by MildSteel View Post
    Constitutional right to monitor Federal troop activity for what purpose? Unless the President is acting outside of the Constitution, the Governor of a State cannot use the militia to obstruct Federal troop activity or given the impression to citizens that he could do such. I don't think its a good idea for them to have that right because it is good that the state mechanism for violent coercion be subordinate to the Federal mechanism. Its a lot easier to develop a statewide consensus for the misuse of such power, than it is to do so at a national level.
    Well, what do you mean by "obstruct"????? I thought you asked if we thought that a state governor could send his state guard to monitor troops??
    Killing one person is murder, killing 100,000 is foreign policy

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