Neither to execute the laws of the union, suppress insurrections or repel invasions
Thursday I spoke with Chris Miller, who is gathering signatures to mount a primary challenge to John Baldacci. I explained Art. 1, Sec. 8, cl. 15, and we walked through some of the issues -- the "what could happen if" -- a State Executive, or a State Legislature, made a finding that the specific conditions of Art. 1, Sec. 8, cl. 15 were not present in George Bush's War in Iraq, and ordered the return of that State's Guard from Iraq.
At the Winter's meeting of the Governors yesterday, Mr. Bush said he would ignore political pressure, and do whatever he pleased with the States' Guards. So the under-train, under-equip, and above all, deploy under circumstances which do not rise to the specific level authorized by the Constitution, situation is not going to change simply because all 50 Governors signed a letter asking for more money in the federal budget for the States' Guards. The only way this situation can change, the only way it must change, is if one Governor invokes Art. 1, Sec. 8, cl. 15.
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions
There is little point to a letter from fifty Governors requesting more funding for natural disaster preparedness, replacement of antiquated equipment, and so on, with most of the Guard left in Iraq for as long as it takes to elect an anti-war majority in both houses of Congress and win the White House, at least two more election cycles. Perhaps even longer.
My suggestion to Chris is direct:
of Art. 1, Sec. 8, cl 15 are absent,
and order the Maine Guard to return to Maine.
Message that if elected his first official act will be to issue that finding and order the Maine Guard home.
Can the Federal Executive ignore the order of a State Executive to the officers and enlisted personnel of the Guard of that State to return to that State? It can, but the officers and enlisted personnel cannot. Art. 1, Sec. 8, cl. 16 is beyond nuance. Any officer from Maine who elects to remain in Mr. Bush's war must resign his or her commission as an officer in the Maine Guard.
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, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress
My suggestion to Chris is direct:
and exert direct authority over cases involving the Geneva Accords of 1949.
Message that if elected he will use all the powers of Art. 1, Sec. 8, cl. 16, to enforce the order to return the Maine Guard to Maine, and an end to Maine's participation in war crimes and prisioner abuse.
Important political issues are not decided by idle words. To make an Article 1 case, to politically make an Article 1 case, to effectively make an Article 1 case, we need to put money on the table. This issue needs to suck up money. If there is an anti-war movement, in needs to disrupt the comfortable re-election dreams of moderate Democrat incumbant and a complacent state Democratic party that thinks this is someone else's issue, on someone else's watch.
The Bush War in Iraq can continue without the National Guard units from Maine. But if we Mainers can get rid of George Bush's albatros, others can follow.
Dirigo (I lead) is the Maine State motto.
Comments
My friend�s daughter is being deployed to Iraq. This is just terrible and senseless, but it is being replayed all over our country. I am sick about this, because I have no power alone to do anything about it. Together we can make a difference. Now that Bush�s approval rating on the handling of Iraq is only at 30%, we need to push Murtha�s plan:
To immediately redeploy U.S. troops consistent with the safety of U.S. forces.
To create a quick reaction force in the region.
To create an over- the- horizon presence of Marines.
To diplomatically pursue security and stability in Iraq
The people need to �speak up� against continuing this war. It is over. Iraq is close to or in a civil war. A civil war is not our fight. Please write to everyone you can think of and push them to end this madness. We need to bring our troops home before we lose anymore of our true treasure � our men and women.
[Murtha's plan won't return a single man or woman until a lot of Republicans change their stripes. Ours will get the Maine Guard out in January 2007. One of us has a plan, the other a incohate desire. EBW]
Posted by: debbiehamil | February 28, 2006 10:05 AM
Fascinating idea! If there is not the guts and national political will to impeach Bush and or Creepy VP, we can piecemeal impeach his war.
But again, except in a smaller venue, is there the guts and the political will? [Massachusetts? Anyone?]
Posted by: Greensmile | March 1, 2006 12:37 PM
is there the guts and political will?
The Miller for Governor of Maine Campaign is posting the press release I sent in this morning. I'll fax a copy to Stars and Stripes later today. We've over a dozen regular readers in the Office of the Secretary of Defense (*.osd.mil) and another over at the Pentagon (*.pentagon.mil), but they need an Attn OOD copy for the record.
Posted by: ebw | March 1, 2006 05:33 PM
While I am totally in favour of this plan of action and wish upon it the greatest of success, wouldn't the AUMF against Iraq qualify as a "law of the union" that must be "executed"? Or am I missing something here.
[no, the auf is not a "law of the union", its a regular army authorization. the important distinction is between the federal forces and the states forces, and the limitation on the legislative powers of congress. ebw]
Posted by: spark | March 2, 2006 03:12 AM