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  1. #1
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    Default Legal theory and politics: The Militia and States Rights.

    The militia of a state, and states' rights.

    A hypothetical militia, not callable to federal service, could be used to restrict labor market participants available for foreign entanglements by the federal government. From this perspective, it is inferred that an application of nullification theory would solve a form of problem of a lack of balance between the several states and the federal interstate government. This could be considered a form of arbitrage; between the several states, and the interstate federal government?

    A well regulated militia could be used by the state to ensure its domestic tranquility, provide for the common Defense of the state, and especially to use that disciplined body, in cases of natural disasters.

    If we consider it from the perspective just presented, The Second Amendment can be considered a form of states' rights, to the extent it is organic to the state; and, that it can ensure the domestic tranquility (in a manner consistent with) the traditional power of a State.

  2. #2
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    Default Re: Legal theory and politics: The Militia and States Rights.

    Okay I have to admit I don't know what you are talking about.
    JoeC

  3. #3
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    Default Re: Legal theory and politics: The Militia and States Rights.

    As an example, consider the Vietnam conflict and the (lottery) draft system. Anyone objecting to the, then, current foreign policy, could have simply joined a state militia that would not be callable to federal service.

    States would not have had the issue of having state Guard forces deployed (via federalization), even over any objections by state governors.

  4. #4
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    Default Re: Legal theory and politics: The Militia and States Rights.

    Quote Quoting danielpalos
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    As an example, consider the Vietnam conflict and the (lottery) draft system. Anyone objecting to the, then, current foreign policy, could have simply joined a state militia that would not be callable to federal service.

    States would not have had the issue of having state Guard forces deployed (via federalization), even over any objections by state governors.
    A lot of people did join state militia (National Guard) during the Vietnam war. Nothing wrong with that. Dan Quayle comes to mind.
    JoeC

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    Default Re: Legal theory and politics: The Militia and States Rights.

    Absolutely. Couldn’t agree more. You’re a genius. Keep up the good work!

  6. #6
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    Default Re: Legal theory and politics: The Militia and States Rights.

    Quote Quoting JoeC
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    A lot of people did join state militia (National Guard) during the Vietnam war. Nothing wrong with that. Dan Quayle comes to mind.
    JoeC
    The point of this thread is about a, hypothetical, state militia that in not callable to federal service. It has already been established that the National Guard can be called to federal service, even for training purposes.

    Not being able to call, state militias (that are not part of the Guard organization), would have an effect of ensuring sufficient manpower is available to the states, and less manpower is available for federal foreign entanglements. From this perspective, the people would have more of a say in matters of foreign policy, and their perception of federal constitutional authority to engage in forms of the common Offense, without a formal declaration to do so.

  7. #7
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    Default Re: Legal theory and politics: The Militia and States Rights.

    so what you are propsing is simply dissolving the United States of America and turning it into the Associated Yet Non-supportive of each other States of America.

    what you speak of is typically called an alternate service.

    We already have that too:

    http://www.sss.gov/FSconsobj.htm

    I do love this line though Daniel:

    and less manpower is available for federal foreign entanglements
    So your idea is to allow the citizens to weaken our military to the point that we can no longer defend ourselves. In return, the federal government would then be forced to act as society mandates so they will then have an adequate military to be able to defend those very same citizens that caused our military to be so weak as to not allow our government adequate forces to defend them.

    Is that the gist of your point?

  8. #8
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    Default Re: Legal theory and politics: The Militia and States Rights.

    =jk;129723]so what you are propsing is simply dissolving the United States of America and turning it into the Associated Yet Non-supportive of each other States of America.
    It didn't sound like he said that at all. Where do you find he made that statement?

    what you speak of is typically called an alternate service.
    Please define. Are you making things up as you go???

    We already have that too:

    http://www.sss.gov/FSconsobj.htm

    I do love this line though Daniel:

    So your idea is to allow the citizens to weaken our military to the point that we can no longer defend ourselves. In return, the federal government would then be forced to act as society mandates so they will then have an adequate military to be able to defend those very same citizens that caused our military to be so weak as to not allow our government adequate forces to defend them.

    Is that the gist of your point?
    I do love this question from jk

    What is your question jk? can you respond to question without having to dissect and ask 10 questions about a question.

    I mean geez.......... whoever heard of the Associated Yet Non-supportive of each other States of America.

    Why are proposing something that sounds like a threat to the United States government?? Are you in some kind of anti-American plot, jk??

  9. #9
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    Default Re: Legal theory and politics: The Militia and States Rights.

    Quote Quoting danielpalos
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    The point of this thread is about a, hypothetical, state militia that in not callable to federal service. It has already been established that the National Guard can be called to federal service, even for training purposes.

    Not being able to call, state militias (that are not part of the Guard organization), would have an effect of ensuring sufficient manpower is available to the states, and less manpower is available for federal foreign entanglements. From this perspective, the people would have more of a say in matters of foreign policy, and their perception of federal constitutional authority to engage in forms of the common Offense, without a formal declaration to do so.
    Sounds good to me, Daniel. Great idea. The people will call up our own army. And the other armies can fight wars.

  10. #10
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    Default Re: Legal theory and politics: The Militia and States Rights.

    Quote Quoting jk
    View Post
    so what you are propsing is simply dissolving the United States of America and turning it into the Associated Yet Non-supportive of each other States of America.

    what you speak of is typically called an alternate service.

    We already have that too:

    http://www.sss.gov/FSconsobj.htm

    I do love this line though Daniel:

    So your idea is to allow the citizens to weaken our military to the point that we can no longer defend ourselves. In return, the federal government would then be forced to act as society mandates so they will then have an adequate military to be able to defend those very same citizens that caused our military to be so weak as to not allow our government adequate forces to defend them.

    Is that the gist of your point?

    I am not sure how you equate militia service (a form of military service) to forms of weakening the US.

    How does the alternate service program account for people who don't have a problem with keeping and bearing arms (ostensibly, for the greater glory of the republic)?

    The gist of my point is that of states rights and the collective action potentiated by people who keep and bear arms; and a form of arbitrage between those states (and the populace that comprises those states) and the federal interstate government when dealing with foreign entanglements; especially, when there is no formal declaration to do so (i.e. engage in foreign entanglements).

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