Miller: Maine National Guard Can and Should Return to Maine
Contact: Carole Whelan, 207.763.3226, sambo@tidewater.net
Miller: Maine National Guard Can and Should Return to Maine
GRAY, ME -- Democratic gubernatorial candidate Chris Miller of Gray, who will challenge Governor John Baldacci in Maine's June 13 primary, called on the Governor Wednesday to order the Maine National Guard back from Iraq.
"The Governor should do more than simply co-sign a letter of concern that the Bush Administration is cutting funding for our National Guard troops," Miller said, "The Governor of Maine should be signing the order returning the Maine Guard to Maine."
Miller said that under the Constitution Congress may not -- and therefore the President may not -- call up the Maine Guard, or the Guard of any other State, except to "execute the laws of the union, suppress insurrections or repel invasions."
"In the case of Iraq," he said, "the Constitutional requirements of Article 1, Section 8, clause 15, have clearly not been satisfied, and therefore whether the Maine Guard remains in Iraq or returns to Maine is a decision for the Governor, not the President."
"The Bush Administration is enamored with a "Unilateral Executive" theory, and is controlling a "Rubber Stamp" Congress," Miller said, "but both of those facts are immaterial to the Constitutional limits to Federal authority over the National Guard units."
"The Maine Guard is not executing the laws of the United States, suppressing insurrections, or repelling invasions of the United States when it is in Iraq," Miller said. "You can't unmake the facts on the ground, the Constitution of the United States, or the duties and responsibilities of the Governor of the State of Maine."
"The Governor of Maine can order the Maine Guard back to Maine today, and that's what he should do."
Miller said ordering the Maine Guard back to Maine will be one of the first acts he undertakes once he becomes Governor of Maine.
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Comments
I can see you are busy with the Koufax nominations, but I'm still curious about the AUMF in Iraq "law of the union" that is to be executed. I'm feeling I'm missing something here.
[the auf pertains to the federal army, not the state guard. the central issue here is whether or not the maine guard is part of the regular army, under the unconditional jurisdiction of congress, and therefore bush and rumsfeld, or jurisdictionally distinct, and therefore capable of being withheld from bush and rumsfeld. "laws of the union" means things like enforcing federal law (and state) where state (and local) law enforcement is broken, e.g., desegragation, or riots. how are the solomon islands? ebw]
Posted by: spark | March 2, 2006 04:35 PM
Ah, now I get it. Many thanks, and meg'wetch (sp?). Sorry for asking twice. I didn't realize you could reply within a comment like you have and I merely checked the number of comments to see if you had replied or not. What a great opportunity this sloppy reading of the constitution by the Bush League has become! Furthermore I'm guessing wouldn't this allow the National Guard units sent to Vietnam (or any combat duty outside the US) an avenue for recourse as well?
The Solomons are quite nice. Poor as anything monetarily but its pretty peaceful. Most of the people are fairly content - largely because money doesn't determine whether you starve, I figure - and that's pretty rare it seems. With some patience its a great place to visit, actually. Some of the world's best diving, snorkelling and coconuts.
I'd just like to say that of all the blogs I read (and I read several religiously and several more slightly less so) yours is the most intelligent and measured I've come across. You make me proud of my adopted spirituality.
Posted by: spark | March 3, 2006 06:06 PM