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View Diary: Rep. John Lewis asks Obama to declare martial law in Ferguson (157 comments)

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  •  Posse Comitatus Act only limits the Federal (10+ / 0-)

    Gov't ability to use the US Military on US soil to enforce law.

    It doesn't limit the use of the National Guard, because they are deemed the Federal Militia acknowledged by the 2nd Amendment.

    If that's wrong, someone please school me. Seriously.

    "I like paying taxes...with them, I buy Civilization"

    by Angie in WA State on Thu Aug 14, 2014 at 02:23:46 PM PDT

    [ Parent ]

    •  Fed and State Militias (7+ / 0-)

      Are the only militias recognized by the 2nd Amendment. Fat white boys in camo carrying guns don't count.

      "Things are not as they appear to be, nor are they otherwise." - Buddha

      by US Blues on Thu Aug 14, 2014 at 02:41:03 PM PDT

      [ Parent ]

      •  Exactly. (2+ / 0-)
        Recommended by:
        Angie in WA State, US Blues

        Now if only the partisan hacks on SCOTUS would realize that makes it constitutional to limit the tinfoil hat brigades access to killing machines (aka guns)...

        Scalia has even mused that a citizen might have a constitutional right to a missile, the shilling fuck.

        I ride the wild horse .

        by BelgianBastard on Thu Aug 14, 2014 at 03:03:44 PM PDT

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        •  As Bruce Cockburn said: (2+ / 0-)
          Recommended by:
          BelgianBastard, Oh Mary Oh

          "If I had a rocket launcher, some son-of-a-bitch would die!"

          And that's the last thing we need in the hands of regular citizens, and and police department.

          "Things are not as they appear to be, nor are they otherwise." - Buddha

          by US Blues on Thu Aug 14, 2014 at 04:09:30 PM PDT

          [ Parent ]

          •  I call 'Shenanigans' on the 5... (0+ / 0-)

            The 2nd talks about a 'well regulated militia'. Now, maybe you can interpret that in different ways, but the Evil Three, plus the two who seem to like having a soul - or at least like to pretend they have a soul -  but generally vote in a way no human with a soul can vote; well those evil bastards, plus the two bastards lite* (zero karmic calories, supposably) ignore the text, ignore the intentions of those who wrote it and ignore logic (because Leftyish).

            I ride the wild horse .

            by BelgianBastard on Thu Aug 14, 2014 at 05:09:52 PM PDT

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    •  you are correct (3+ / 0-)

      There are people making comments here who don't know history or the law.

    •  I don't know how the 2nd Amendment fits (2+ / 0-)
      Recommended by:
      Angie in WA State, Patango

      in, but it's clear that the Posse Comitatus Act does not inhibit the president's power to federal local national guard units for proper purposes under federal statutes and regulations.

      It's not clear to me that there is a proper purpose here, but there certainly might be if the police riots continue.

      Lies written in ink can never disguise facts written in blood.--Lu Xun

      by Timaeus on Thu Aug 14, 2014 at 03:27:42 PM PDT

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    •  Here's the actual law: (0+ / 0-)

      http://www.law.cornell.edu/...

      Whenever—
      (1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
      (2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
      (3) the President is unable with the regular forces to execute the laws of the United States;
      the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.

      And about the militia: http://www.law.cornell.edu/...
      (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
      (b) The classes of the militia are—
      (1) the organized militia, which consists of the National Guard and the Naval Militia; and
      (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

      •  It's that (b)2 that I find troubling (0+ / 0-)

        when the language of the 2nd Amendment is:

        "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
        In the context of the era in which this Amendment was discussed, debated and amended into the Constitution, the phrase "well regulated militia" has been determined to mean:
        A militia made of up the able bodied men over 14 years of age from the locality/community who regularly train as a Militia for the purposes of protecting the citizens of their community in times of need.
        Hence my personal finding that (b)2 which includes "the unorganized militia" does NOT belong within the officially recognized and defined meaning of Militia as it relates to the 2nd Amendment.

        "I like paying taxes...with them, I buy Civilization"

        by Angie in WA State on Thu Aug 14, 2014 at 06:27:51 PM PDT

        [ Parent ]

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