Tuesday, July 22, 2014

Who Deploys the Militia? Constitution Classes by Douglas V. Gibbs

By Douglas V. Gibbs

We are told that it is the duty of the President to deploy personnel to the border to secure it. . . What does the Constitution say?

Article II of the United States Constitution establishes the Executive Branch. But where does it say the President is king?

The President of the United States is not supposed to be all powerful, or the final decision maker in the federal government. Our system is full of checks and balances. Even as the Commander in Chief, if he is abusing his power as the head of military operations, Congress can defund war efforts, or impeach the President.

In Article II the Constitution states that the President is the "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." Some have argued that means he is only Commander in Chief when "he" is called into service to do so, which is accomplished by a declaration of war. This is an erroneous belief.

During the Constitutional Convention, specifically on August 17, 1787, the debate about the President's war powers were discussed. In line with the Articles of Confederation, the authority to wage war, and the authority to declare war, were considered as separate powers. The President was given the power to wage war, and the Congress was given the power to declare war. This enabled the President to engage the Army and Navy in war operations if necessary, without congressional permission. The Barbary Wars, for example, waged by Jefferson and Madison, were undeclared wars. However, this power granted to the President does not extend to the militias. The President is only the Commander in Chief of the Militia of the several States, when the militia is called into actual service.

The distinction was established so that the President could use military forces against foreign enemies if a quick and decisive decision was necessary, but not against the States, or the American People. The standing army is not for domestic use to suppress insurrections, or repel invasions. That is what the militias are for, and the militia can only be put into action by Congress, or State leadership. The President does not control the militias, nor does he determine when they go into action. His only relationship with the militias is when they are called into actual service. Then, and only then, the President services as Commander in Chief over the militias.

Article I, Section 8 states that "Congress shall have power to provide for calling forth the Militia to execute the laws of the Union, suppress Insurrections and repel invasions."

States cannot call their militia into action "unless actually invaded, or in such imminent Danger as will not admit of delay." (Article I, Section 10)

Though the President is tasked with "faithfully executing the laws of the United States" as stated in Article II, Section 3, and he can do so with executive departments such as ICE, and the border patrol, the actually call for the militia (National Guard, State Militias, unorganized militia) to protect the border is the responsibility of Congress, and State leadership. So, while people are waiting for President Obama to give his okay to secure the border with the National Guard, or are critical of Governor Perry for disregarding the President's non-action regarding the border, we must remember what the Constitution says, and where the authorities actually lie.

We will be discussing this in detail tonight at 6pm at the Corona Constitution Class at 522 Railroad Street (AllStar Collision), and Thursday at 6:30 pm at the Temecula Constitution Class at 41669 Winchester Road.

-- Political Pistachio Conservative News and Commentary

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