Please quote that portion of the Militia Act which, in your opinion, makes state secession impossible.
The relevent portion of the law is as follows:
Third Congress, Session II, Ch. 36
February 28, 1795
[Section 1 deals with invasion or insurrection within a state and permits the President to call out the militias of the states upon application of the state's executive or legislature.]
Section 2. And be it further enacted, That whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, it shall be lawful for the President of the United States, to call forth the militia of such state, or of any other state or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of Congress.
Section 3. Provided always, and be it further enacted, That whenever it is necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the President shall forthwith, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes, within a limited time.
[Section 4 limits the service of a militiaman under this act to no more than "three months, after his arrival at the place of rendezvous, in any one year". The remaining sections of the act deal with issues of courts-martial, pay, fines, and so forth.]
Some commentary:
The President shall be 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." U.S. CONST., art. II, § 2, cl. 1.
Conduct of United States foreign policy resides in the Executive Branch, and Presidents have often used armed forces as a tool of diplomacy, ranging from supporting humanitarian missions in response to natural disasters to traditional "saber rattling" to discourage certain types of conduct by nations.
The President of the United States is bound as Chief Executive of the United States and Commander in Chief of its armed forces to defend the United States from attack: If war be made by invasion of a foreign nation, the President is not only authorized but bound to resist force by force. He does not initiate the war, but is bound to accept the challenge without waiting for any special legislative authority. . . . [F]or war may exist without a declaration on either side.
The Prize Cases, 67 U.S. (2 Black) 635, 668 (1862) (internal quotation marks omitted).
In situations such as above, subsequent ratification by the Congress cures any defect of acting without express Congressional approval.
The Prize Cases, 67 U.S. at 671. The Court generally defers to the President regarding what actions must be taken to meet the military threat. The Prize Cases, 67 U.S. at 670.
http://www.aclj.org/news/breakdown.asp
Walt
Please quote that portion of the Militia Act which, in your opinion, makes state secession impossible.The relevent portion of the law is as follows:
Third Congress, Session II, Ch. 36
February 28, 1795
[Section 1 deals with invasion or insurrection within a state and permits the President to call out the militias of the states upon application of the state's executive or legislature.]
Section 2. And be it further enacted, That whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, it shall be lawful for the President of the United States, to call forth the militia of such state, or of any other state or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of Congress.
Section 3. Provided always, and be it further enacted, That whenever it is necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the President shall forthwith, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes, within a limited time.
[Section 4 limits the service of a militiaman under this act to no more than "three months, after his arrival at the place of rendezvous, in any one year". The remaining sections of the act deal with issues of courts-martial, pay, fines, and so forth.]
As ever, you ignore the relevant part of the statute to have it permit the Lincoln to do what he cannot do.
Section 3. Provided always, and be it further enacted, That whenever it is necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the President shall forthwith, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes, within a limited time.
Now, let us look at what was "hereby directed."
As quoted by Walt:
[Section 1 deals with invasion or insurrection within a state and permits the President to call out the militias of the states upon application of the state's executive or legislature.]Do you allege there was insurrection against a state which resulted in the application of the state's executive or legislature for invasion by Federal troops?
As quoted by Walt:
Section 2. And be it further enacted, That whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, it shall be lawful for the President of the United States, to call forth the militia of such state, or of any other state or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of Congress.Do you allege Lincoln invaded 13 states because someplace there was allegedly "combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act"?
All Federal officials had resigned and there were no courts to interfere with. All Federal marshals had resigned and there were no marshals to assist.
Did Lincoln invade 13 states to suppress the non-existent combinations interfering with the non-existent marshals of the non-existent courts?
Are you calling this the Great American Civil Disturbance? This section only applies to interference with the courts.
By the way, the Militia Act only authorizes calling forth the militia, not the regular army.
Do you have any authority for Lincoln to increase the size of the standing Army without Congressional authorization?
Do you have any authority for Lincoln to send an invading Army into the South?
Where is the part of the Militia Act that, in your opinion, makes unilateral secession impossible?