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The real reason the Guard was formed?

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  • The real reason the Guard was formed?

    Can you tell me when the Congress and the President acquired the right to send the National Guard outside of the United States of America to fight wars? Can someone answer this?
    He and Congress are violating the Constitution.

    The Dick Act of 1902 cannot be repealed; to do so would violate bills of attainder and ex post facto laws which would be yet another gross violation of the U.S. Constitution and the Bill of Rights. The President of the United States has zero authority without violating the Constitution to call the National Guard to serve outside of their State borders.

    The National Guard Militia can only be required by the National Government for limited purposes specified in the Constitution (to uphold the laws of the Union; to suppress insurrection and repel invasion). These are the only purposes for which the General Government can call upon the National Guard.

    Attorney General Wickersham advised President Taft, "the Organized Militia (the National Guard) can not be employed for offensive warfare outside the limits of the United States."



    During the war with England an attempt was made by Congress to pass a bill authorizing the president to draft 100,000 men between the ages of 18 and 45 to invade enemy territory, Canada. The bill was defeated in the House by Daniel Webster on the precise point that Congress had no such power over the militia as to authorize it to empower the President to draft them into the regular army and send them out of the country.

    The fact is that the President has no constitutional right, under any circumstances, to draft men from the militia to fight outside the borders of the USA, and not even beyond the borders of their respective states. Today, we have a constitutional LAW which still stands in waiting for the legislators to obey the Constitution which they swore an oath to uphold.

  • #2
    Re: The real reason the Guard was formed?

    What is the President's authority to send National Guard Soldiers overseas?

    About 6,010,000 results (0.42 seconds)

    A couple of references:

    National Defense Act of 1916 This act abandoned the idea of an expandable Regular Army and firmly established the traditional concept of the citizens' army as the keystone of the United States defense forces. It established the concept of merging the National Guard, the Army Reserve, and the Regular Army into the Army of the United States in time of war. The act further expanded the National Guard's role, and guaranteed the State militias' status as the Army's primary reserve force. The law mandated use of the term "National Guard" for that force, and the President was given authority, in case of war or national emergency, to mobilize the National Guard for the duration of the emergency. The number of yearly drills increased from 24 to 48 and annual training from five to 15 days. Drill pay was authorized for the first time.

    The Montgomery Amendment to the National Defense Authorization Act for Fiscal Year 1987 provides that a governor cannot withhold consent with regard to active duty outside the United States because of any objection to the location, purpose, type, or schedule of such duty. This law was challenged and upheld by the Supreme Court of the United States in 1990 in Perpich v. Department of Defense.[16])

    The John Warner Defense Authorization Act of 2007 Pub.L. 109-364 Federal law was changed in section 1076 so that the Governor of a state is no longer the sole commander in chief of their state's National Guard during emergencies within the state. The President of the United States will now be able to take total control of a state's National Guard units without the governor's consent.[17] In a letter to Congress, all 50 governors opposed the increase in power of the President over the National Guard.

    The National Defense Authorization Act 2008 Pub.L. 110-181 Repeals provisions in section 1076 in Pub.L. 109-364 but still enables the President to call up the National Guard of the United States for active federal military service during Congressionally sanctioned national emergency or war.

    From your friends Google and Wikipedia.

    Looks like you are spoiling for a fight and hanging your hat on an Act from 1902.

    What's your REAL question?

    Comment


    • #3
      Re: The real reason the Guard was formed?

      Originally posted by Wobbly Emu View Post
      [What's your REAL question?
      I call Troll

      Comment


      • #4
        Re: The real reason the Guard was formed?

        For the purpose of comedy one weekend a month and two weeks a year.

        Comment


        • #5
          Re: The real reason the Guard was formed?

          The national guard was formed by Germans who settled Arkansas in 1932. They were moving west and needed protection from Indians and found the "Arkansas" which is German for "Land of green and dirty rivers".

          Realizing they would need a well regulated militia the new Arkansas settlers created the Dragoons which in 1932 had modernized to using pikes on mounted Calvary. The royal settlement leader, Manuel Domingo ordered that they also create the Adjutant General Corps. And at this moment the paperwork was great.

          Five years later, in 1937, they established the internet as a series of tubes and formed this website so we could have raging debates on the legality of deployments and various other minutia (like who should you salute when approaching a pool of 500 newly commissioned 2LTs, while walking with the same).

          The proclamations here stand as a rule of law and have forever altered our fighting force.

          Thus, peace was brought to the galaxy. Now at-ease yourself.

          Comment


          • #6
            Re: The real reason the Guard was formed?

            Somehow, all I'm coming away with is 2LTs with pikes running around the backwoods of Arkansas....

            Pikes?!?!?!

            Well played, SS!

            Comment


            • #7
              Re: The real reason the Guard was formed?

              I simply enjoy matching nonsense with nonsense. As if a GAGGLE of lawyers haven't combed through the multitude of laws already governing the NG and one lone internet ranger discovered something that every other legal genius in the world has missed to-date. Then, with one swift stroke of the "Enter" key, had exposed the folly of a nation.

              Comment


              • #8
                Re: The real reason the Guard was formed?

                Originally posted by show_stopper999 View Post
                The national guard was formed by Germans who settled Arkansas in 1932. They were moving west and needed protection from Indians and found the "Arkansas" which is German for "Land of green and dirty rivers".

                Realizing they would need a well regulated militia the new Arkansas settlers created the Dragoons which in 1932 had modernized to using pikes on mounted Calvary. The royal settlement leader, Manuel Domingo ordered that they also create the Adjutant General Corps. And at this moment the paperwork was great.

                Five years later, in 1937, they established the internet as a series of tubes and formed this website so we could have raging debates on the legality of deployments and various other minutia (like who should you salute when approaching a pool of 500 newly commissioned 2LTs, while walking with the same).

                The proclamations here stand as a rule of law and have forever altered our fighting force.

                Thus, peace was brought to the galaxy. Now at-ease yourself.
                This will help me get an A on my paper.

                Comment


                • #9
                  Re: The real reason the Guard was formed?

                  I would pay to see that submitted and the comments back from the teacher.

                  Comment


                  • #10
                    Re: The real reason the Guard was formed?

                    Originally posted by PALINATHAS View Post
                    I call Troll
                    I see your call and up your call to disgruntled Romney or Ron Paul supporter.
                    Last edited by VICEROY06; January 17th, 2013, 11:51 AM.

                    Comment


                    • #11
                      Re: The real reason the Guard was formed?

                      Originally posted by VICEROY06 View Post
                      I see your call and up your call to disgruntled Romney or Ron Paul supporter.

                      Romney doesn't have the right to shine Ron Paul's shoes. God Bless Congressman Ron Paul and I hope he is enjoying his retirement because he certaintly deserves it!

                      Comment

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