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Missouri Governor calls in the National Guard to Ferguson

August 18, 2014

 By now everyone who has been following the situation in Ferguson in the wake of the police shooting of Michael Brown is aware that Missouri Governor Jay Nixon has called in the National Guard in an attempt to restore order in the city.

  Since the National Guard has been called up I have seen several posts on Facebook about Martial Law and posse comitatus but these people are thinking on an emotional level and not on a level grounded in the law or the Constitution. I have been critical of the militarized police force so you might find it interesting to learn I support calling in the National Guard at this point.

  Before we go any further we must look at both the definition of the militia in the United States code as well as its role as defined in the Constitution.

  According to Title 10 of the United States Code there are two classifications of the militia–the organized militia and the unorganized militia. The unorganized militia is every single able-bodied man in the United States between the ages of 17 and 45 who are not a member of the National Guard, while the organized militia is the National Guard.

  The National Guard by definition is part of the militia so what does the Constitution say about the militia? Article I, Section 2 allows the Congress “to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”

  So the Congress can call on the militia–the National Guard in this case–to execute the laws of the Union and to suppress insurrections. But the Congress did not call up the National guard in this case, and there is no national emergency, so where does the governor of Missouri get the power to call in the National Guard against the people of his state?

  Naturally we must turn to the Missouri Constitution to see if this power is granted to the governor.

  Article IV, Section 6 of the Missouri Constitution mirrors Article I, Section 2 of the United States Constitution:

The governor shall be the commander in chief of the militia, except when it is called into the service of the United States, and may call out the militia to execute the laws, suppress actual and prevent threatened insurrection, and repel invasion.

  Now we can debate whether the riots and the looting amount to an insurrection but that really does not matter because there is no doubt that the rioters and the looters are not following the laws of the state, so while it is sad that it has come to this point the fact is that this is neither Martial Law nor is it a violation of posse comitatus. It is simply a governor trying to reinstitute the laws of the state and whether you like it or not this is a justifiable use of the National Guard.

 

6 Comments leave one →
  1. Zip-a-Dee's avatar
    zip permalink
    August 18, 2014 9:46 pm

    When the Dem Regime buses paid ‘activist’ from other states to ’cause chaos. loot, etc.’ (escalating the situation & making it worse) we know they’re making the most out it and ‘Conditioning’ the masses. The ‘mob mentality’ runs on ’emotions’ and when most of those people are unemployed it doesn’t take much to for the ‘riff-Raff’ rabble-rousers to tip it.
    There’s a ‘manipulated vid’ designed to help blame Russia as the culprit! … again conditioning people that America has to go to war. (For being a prez of peace, there’s sure a lot of killing going on!) They need to cover their own thievery and money laundering (central bankers). This has some good resources pointing out some insights and ‘facts’: http://x22report.com/central-bankersus-government-agenda-for-the-people-of-america-martial-law-episode-444/#more-32064
    It only took an upstanding Sheriff and a helping hand or two, to clean out the scum in the old West towns – basically the same things going on then. ‘Where are they today?’ Too ‘refined’ and ‘civilized’ I suppose. Just like the Good Book says.

    Liked by 1 person

    • Steve Dennis's avatar
      August 19, 2014 5:32 am

      I am reading stories about people coming in from out of state as well, this could get bigger if it is not stopped soon.

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  2. bunkerville's avatar
    August 19, 2014 7:54 am

    The Chicago thugs ride again. They have been waiting for a tipping point.

    Liked by 1 person

  3. lou222's avatar
    lou222 permalink
    August 19, 2014 11:17 am

    Yep, it is the Chicago bunch being bused in for sure. It happens a lot in our area of Decatur, as well. That area of St. Louis has “issues”, anyway and most people do NOT drive thru there. When I was down there at Barnes Hospital, I had to cut across town to the North end to get to the nursing home my mom was being taken to, by ambulance. Even THEY do not want to go thru that area, but I was not following them. I did it anyway and it is not something out of towners should do. I know the area, so was familiar with the streets, but still not a good call on my part, I just wanted to get to the nursing home ahead of my mom.
    This is the same type of area that Chicago and East St. Louis have. I am surprised that we have not seen more of this type of riot starting up in other cities. I remember in the 60’s living in East St. Louis when the riots were going on. They tried locking us in the schools, but a lot got out and made their way home…we figured we were safer out on the streets than being locked inside. I am sad to see this starting up all over again, guess we can thank this President that was going to bring us all TOGETHER, right? He has set racial relations back years, along with Sharpton, Jackson and Farakkhan…plus this administration and the CBC and NBPP,,,,add your other alphabet groups here—————->_

    Liked by 2 people

    • Steve Dennis's avatar
      August 19, 2014 7:03 pm

      Sad to see nothing has changed, and in fact it might be getting worse. It is ironic considering Obama was supposed to be the person who brought us all together but has used his presidency to divide and conquer.

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