Publius-Huldah's Blog

Understanding the Constitution

The Invasion of Arizona – The Remedy When The Federal Government Refuses To Do Its Duty

By Publius Huldah.

Article IV, §4, U.S. Constitution, requires The United States to protect each of the States against Invasion. It says:

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion… [emphasis added]

In Federalist No. 43 (3rd para under 6.), James Madison says of this provision:

A protection against invasion is due from every society to the parts composing it…

Article I, §8, clause 15 grants to Congress the power to provide for calling forth the Militia to [among other things] “repel Invasions”.

But the federal government has persistently refused to call forth the Militia to protect the States on our Southern Border from Invasion!

So! What are States to do when their Lands are invaded, their citizens murdered and kidnapped, their young corrupted by drug-trafficking invaders, and their budgets imploded from unconstitutional federal mandates that we subsidize the invaders? Are the States to sit with folded hands and be destroyed because the federal government refuses to perform its constitutional duty?  No! We are Americans! If the federal government refuses to perform its constitutional duty to call out the Militia to protect the States against Invasion, then the States must perform that Duty.  And as shown below, they have both an implied and an expressly retained authority to do so.

Article 1, §8, clause 16 grants to Congress the power to provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States. This clause reserves to the States the Appointment of the  Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.

What is the “Militia”?  Webster’s American Dictionary of the English Language (1828) tells us:

The body of soldiers in a state enrolled for discipline, but not engaged in actual service except in emergencies; as distinguished from regular troops, whose sole occupation is war or military service.  The militia of a country are the able bodied men organized into companies, regiments and brigades, with officers of all grades, and required by law to attend military exercises on certain days only, but at other times left to pursue their usual occupations.

So! One of the functions of the Militia – that body of weekend warriors trained by the States and whose officers are chosen by the States, is to defend the States against Invasions. As we have seen, Congress is authorized to provide for calling the Militia into service to repel invasions.  But what if the federal government refuses to act?

Alexander Hamilton provides the answer in Federalist No. 29. Hamilton shows that one of the purposes of the Militia is to protect the citizens of the States from threats to their liberties posed by the federal government (7th & 12th paras); and that the States’ reservation of power to appoint the Officers secures to them an influence over the Militia greater than that of the federal government (9th para). On the use of the Militia to repel Invasions, Hamilton says (13th para):

…it would be natural and proper that the militia of a neighboring State should be marched into another, to resist a common enemy…

True, it was contemplated that the “United States” would normally be the entity which protects the States against Invasion (Art. IV, §4). But when the federal government has demonstrated its determination that the States ARE TO BE OVERRUN BY INVADERS, then the States are within their Retained Sovereign Rights to employ the Militia to defend their People from those into whose hands the federal government has demonstrated its determination to deliver them.

Furthermore, Article I, Sec. 10, last clause: says:

No State shall …keep Troops…in time of Peace…or engage in War, unless actually invaded…

So, clearly, the Sovereign States may use their  State Militias and engage in War to defend themselves from the Invasions.

In Federalist No. 46 (7th & 8th paras), James Madison speaks of conflicts between the federal government and the States, caused by encroachments of the former. He does not counsel subservience by the States.  He does not counsel submitting the issue to a federal judge!  Instead, Madison describes various forms of non-violent Resistance properly employed by the States, alone or in unison with other States:

…and where the sentiments of several adjoining States happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.

In Madison’s magnificent 9th para, he speaks of a federal government so consumed with madness that it sends its regular army against the States:

…Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate [State] governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition [of the federal government], more insurmountable than any which a simple government of any form can admit of… [italics added]

Madison would be disappointed that we permitted this current state of affairs to arise:

…Let us rather no longer insult them [the American People] with the supposition that they can ever reduce themselves to the necessity of making the experiment, by a blind and tame submission to the long train of insidious measures which must precede and produce it.

But we must start from where we are.  We can restore our constitutional republic. We can rein in a lawless federal government which usurps powers even while refusing to perform its basic constitutional duty of protecting the States from Invasion.

The Federalist Papers were written to explain the proposed Constitution and to induce The People to ratify it.  Madison is the “Father of  The Constitution”. These are the highest authority on the meaning of our Constitution.  Clearly, the States may use their Militia to defend their borders, and States may assist one another in this endeavor. And We the People must throw out of office the federal representatives and officials who refuse to perform their constitutionally mandated Duty to defend our borders. Madison writes in Federalist No. 44 (17th para) respecting remedies against a lawless federal government:

…and in the last resort a remedy must be obtained from the people who can, by the election of more faithful representatives, annul the acts of the usurpers….

When the federal government refuses to obey the Constitution, the States must enforce it. And WE the People must throw the faithless ones out of office.  THIS is how we restore our constitutional Republic.  PH

May 4, 2010;  Revised June 9, 2010

Add to DeliciousAdd to DiggAdd to FaceBookAdd to Google BookmarkAdd to MySpaceAdd to NewsvineAdd to RedditAdd to StumbleUponAdd to TechnoratiAdd to Twitter

May 4, 2010 - Posted by | Arizona Invasion, Article IV, Sec. 4

16 Comments »

  1. The Feds should do there job so Arizona doesn’t have too.

    Comment by Joe | July 7, 2010 | Reply

  2. [...] terribly from massive Invasions of their Southern Border; and because the federal government refuses to repel the Invasions, the People of Arizona are forced to defend [...]

    Pingback by The Arizona Illegal Alien Law And The Supremacy Clause of the U.S. Constitution: | June 10, 2010 | Reply

  3. [...] terribly from massive Invasions of their Southern Border; and because the federal government refuses to repel the Invasions, the People of Arizona are forced to defend [...]

    Pingback by The Arizona Immigration Law And The Supremacy Clause of the U.S. Constitution | Vote Democratic Party | June 6, 2010 | Reply

  4. [...] terribly from massive Invasions of their Southern Border; and because the federal government refuses to repel the Invasions, the People of Arizona are forced to defend [...]

    Pingback by CFP Mailout… « ~ THE GUNNY "G" BLOGS ~ | June 6, 2010 | Reply

  5. You are linked

    Comment by Barbara Espinosa | June 5, 2010 | Reply

  6. [...] terribly from massive Invasions of their Southern Border; and because the federal government refuses to repel the Invasions, the People of Arizona are forced to defend [...]

    Pingback by They must do it, or be overrun | The American Jingoist | June 5, 2010 | Reply

    • Great article. It seems to me, the reason the governmnet functioned in the beginning was that the founders and every patriot risked everything and understood that for the union to survive they needed to compormise on Slavery and other issues. We have no real solutions supported by 70% of us concerning real problems that threaten the very nature of our Union and the wisest minds were not represented in congress. We are betting on the US congress to have solutions. Yes, we need to take back the States. Our militias need to come home, now. This is the government of the Democrats and Republicans, but certainly not the people. Isn’t it obvious that our current leaders are willing to sell out their constituents so that they continue to play in this bizarre race to build an empire. America needs to take care of America. A Chinese worker is striking to make $240.00 per month. Free Trade! Really?

      We could seal our border with no fences, 50 substations with state of the art surveilance and federal response teams. Mmonitor it 24 hours/day including police type patrol and monitoring. We can draft the exact same law Mexico has concerning illegal immigrants. However, everyone here illegally has 6 years to become a citizen or obtain a permanent status resident. We can not continue to assimilate over 40 million people every 30 years. If we contiue to elect the same worn out parties to the House of Representatives, we will continue to have these problems. We are a nation with no leadership. Not a leader, that emphasis is all wrong for success, we need civil servants. We need some serious people to lead us to serious solutions. We are no longer electing the class president. We are destroying our southern states based on policy made by congress. No one has a thirty year energy plan. Let the damn world work out their own shit. Let’s come home and have peace time manufacturing locking out anyone who does not pay the going wage in the USA. That’s how we lost the jobs. If a country wants to sell their merchandise here in the USA, they must pay a livable USA wage or just pay a tariff. Now who’s more productive? The US worker will compete every time. Is it better to pay higher prices for goods or have welfare, unemployment, hopelessness, disasters, wars, and higher taxes? What kind of world do we desire? I want the world to establsh a middle class. I do not desire to lose our middle class to achieve the result. Sorry for rambling.

      Comment by John Giancola | June 5, 2010 | Reply

  7. [...] terribly from massive Invasions of their Southern Border; and because the federal government refuses to repel the Invasions, the People of Arizona are forced to defend [...]

    Pingback by American States Reign Control Over General Government In Washington D.C. « Political Vel Craft | June 4, 2010 | Reply

  8. [...] terribly from massive Invasions of their Southern Border; and because the federal government refuses to repel the Invasions, the People of Arizona are forced to defend [...]

    Pingback by Exclusive and Concurrent Jurisdiction Explained | The American Jingoist | June 4, 2010 | Reply

  9. [...] government refuses to repel the Invasions, the People of Arizona are forced to defend themselves. http://publiushuldah.wordpress.com/2010/05/04/the-invasion-of-arizona-the-remedy-when-the-federal-go… Here is the text of the amazingly innocuous Arizona Law. [...]

    Pingback by Arizona Law Stands the test of the Constitution « Stop The Invasion of the US! | June 4, 2010 | Reply

  10. [...] may also keep troops and engage in War to defend herself from the Invasions. It has been shown beforethat Art. IV, Sec. 4 requires the federal government to protect each of the States against Invasion. [...]

    Pingback by The Arizona Immigration Law And The Supremacy Clause of the U.S. Constitution – Canada FreePress « HOME – Other Right Links and Posts – Remember In November! | June 4, 2010 | Reply

  11. [...] for the federal government — a parallel to the conclusion federal prosecutors reached here. (The Remedy When The Federal Government Refuses To Do Its Duty excellent article by a retired Constitutional lawyer friend of mine in Tennessee.) The Immigration [...]

    Pingback by Obama seeks legal challenge of Arizona law on companies that hire illegals « www.offmyfrontporch.com | June 1, 2010 | Reply

  12. I am glad to find this site! I think another legal way for Arizona and other states to resist is to refuse the federal money for the ‘National Guard”, (a product of “Tricy Dickie”) and the governors to call their troops home from overseas, and defend their own borders. What a glorious day that would be. There is no constitutional basis for a “National Guard”, state militias under federal control. That is called an Army.

    Comment by John Giancola | May 17, 2010 | Reply

    • Read Article I, Sec. 8, clauses 15 & 16! The “Militia” is distinct from the regular Army & Navy (clauses 12 & 13) and originally consisted of all able-bodied free male citizens between the ages of 18 & 45 (with some exceptions for clergy, etc.) See also Webster’s definition of “militia” quoted in my paper. These were the citizen farmers, trappers, merchants, etc. who were expected to be competent with weapons and ready, able & willing to defend their families, communities, & country. Congress has a distinct constitutional role with the Militia, and the Militia may be called into service by the federal government. “National Guard” is just another term for “Militia”.

      Comment by Publius/Huldah | May 17, 2010 | Reply

      • If that is so, then why does the funding come from the Federal government? I’m no scholar, but it seems to me that he who pays the piper calls the tune. I see no way under the current system that the governor of a state could refuse to ignore the orders of the army. Has congress actually been ratifying every call up of the Gaurd? It semms to me that the standing orders are issued by the Federal government at all times. By makeing the “Gaurd” a ntional entity, it seems to me that the states (individually), are cut out of the loop. Didn’t the governors used to appoint the generals of each state militia? I just have lots of questions. Thanks for helping me out. When I was a child, it was the Missouri Gaurd, not the National Gaurd.

        Comment by John Giancola | May 17, 2010 | Reply

      • OK, let’s sort this out:
        The regular Army (Art. I, Sec. 8, clause 12) is not the same thing at all as the “militia” (Art. I, Sec. 8, clauses 15 & 16). Read the constitutional provisions carefully and reread my paper, paying special attention to Webster’s definition of “Militia”.
        There is an “organized Militia” and an “unorganized Militia”. The former is the “weekend warriors” who meet some weekends for training. They get paid. As provided in Art. I, Sec. 8, clause 15, they can be called into active service by the federal government. They have been called different things: the “militia”, the “national guard”, etc. The State Governors can call their State militia into active service to deal with State matters.

        Then there is the “unorganized militia”: this is every able-bodied citizen who (hopefully) is armed.

        You’ll get it! Just keep reading and studying.

        Comment by Publius/Huldah | May 17, 2010 | Reply


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 851 other followers

%d bloggers like this: