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:
The Governor of Maine may issue a finding that the conditions
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:
The Governor of Maine may decomission officers which refuse to obey the order,
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.
