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To: IMR 4350
Then the terrorist attacks will start, and the National Guard troops will then be under Federal control, the president’s control, not the govs. of the states.

Not hardly.

Article 4 section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

And on Application of the Legislature, or of the Executive means the STATE governments, not the federal one.

This does not, however, says Barbeyrac, hinder but each confederated state may provide for its particular safety, by repressing its rebellious subjects. And herewith the present constitution of the United States fully agrees. For although congress are bound to guarantee to every state in the union a republican form of government, and to protect each of them against invasion; and also against domestic violence; yet this last is only to be done where the legislature, or executive of the state (where the legislature cannot be convened) shall make the application.
George Tucker Of the Several Forms of Government, SECTION XII

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Also-

Article VI. - The United States
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

That a law limited to such objects as may be authorised by the constitution, would, under the true construction of this clause, be the supreme law of the land; but a law not limited to those objects, or not made pursuant to the constitution, would not be the supreme law of the land, but an act of usurpation, and consequently void.
George Tucker's annotated version of Blackstone-Volume 1 — Appendix
Note D
[Section 18 - Miscellaneous Provisions (cont.)] GEORGE TUCKER

State Constitutions

THE TEXAS CONSTITUTION
Article 1 - BILL OF RIGHTS
Section 24 - MILITARY SUBORDINATE TO CIVIL AUTHORITY
The military shall at all times be subordinate to the civil authority

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CONSTITUTION OF THE STATE OF KANSAS
BILL OF RIGHTS
Sec. 4. The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.

***

CONSTITUTION OF THE COMMONWEALTH OF MASSACHUSETTS
PART THE FIRST A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts.
Article XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it.

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EVERY State Constitution has this provision, there can BE no 'nationwide' Martial Law unless every single Governor rolls over.

That's not something I see as being close to realistic.

48 posted on 03/28/2012 5:47:59 AM PDT by MamaTexan (I am a ~Person~ as created by the Law of Nature, not a 'person' as created by the laws of Man)
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To: MamaTexan

A terrorist attack by foreign terrorist will make it an act of war.

Feds have control, not the states.


59 posted on 03/28/2012 6:14:40 AM PDT by IMR 4350
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