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To: Aurelius
Force was used to reverse secession; no law was being enforced.

The Supreme Court said otherwise.

"By the Constitution, Congress alone has the power to declare a national or foreign war. It cannot declare was against a State, or any number of States, by virtue of any clause in the Constitution. The Constitution confers on the President the whole Executive power. He is bound to take care that the laws be faithfully executed. He is 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. He has no power to initiate or declare a war either against a foreign nation or a domestic State. But by the Acts of Congress of February 28th, 1795, [this is the Militia Act] and 3d of March, 1807, he is authorized to called out the militia and use the military and naval forces of the United States in case of invasion by foreign nations, and to suppress insurrection against the government of a State or of the United States."

-- from the Prize Cases ruling in the December 1862 term.

Walt

181 posted on 06/13/2003 8:15:00 AM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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To: WhiskeyPapa
This is pointless. You keep harping on the Militia Act and the Prize Cases decision although you have been shown again and again why they do not apply in the case of secession. The matter has been settled.
182 posted on 06/13/2003 8:18:59 AM PDT by Aurelius
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