Understanding the Constitution: How States May Respond to Illegal Immigration—Part II

Posted by freedomforall 3 months, 3 weeks ago to Government
2 comments | Share | Flag

Excerpt:
"Article I, Section 10, Clause 3 limited these reserved state war powers, but also recognized them:

“No State shall, without the Consent of Congress ... keep Troops, or Ships of War in time of Peace ... or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”

Let’s flip that language to an affirmative form:

“Any state may keep troops and ships of war in time of war, ... and engage in war ... if actually invaded or in such imminent Danger as will not admit of delay.”

In other words, states may wage defensive, but not offensive, war. Unlike the Articles of Confederation (1781–1789), the Constitution imposed no limit on the armies or navies a state may raise during a time of war. (The states aren’t limited to their militias.) Unlike the Articles, the Constitution laid down no requirement that the war be congressionally declared and no restriction on the nature of the invasion. The only requirements imposed by the Constitution are that there be an actual invasion or an “imminent Danger” of one.
...
During the 18th century, civilized nations were often disturbed by criminal gangs that recognized no sovereigns. Legal writers called these gangs, hostes humani generis—a Latin phrase meaning “enemies of the human race.”
Enemies of the human race might operate on the sea, prey on shipping, and attack port towns. If so, they were called “pirates.” But enemies of the human race also included land-based gangs of thieves, deserters, poisoners, assassins, incendiaries, and (as the legal commentator William Blackstone characterized them) “unauthorized voluntiers [sic] in violence.”
The Constitution left the states with the power to conduct war against invasions launched by enemies of the human race. It also left the states with police power to respond to their criminal acts.

The attitudes of the founding generation against these malefactors was remorseless. As Emer de Vattel, the Founders’ favorite international law authority, wrote:

“[I]f the justice of each nation ought in general to be confined to the punishment of crimes committed in its own territories; we ought to except from this rule, the villains, who by the quality and habitual frequency of their crimes, violate all public security, and declare themselves the enemies of the human race. Poisoners, assassins, and incendiaries by profession, may be exterminated wherever they are seized ....”

Can you think of some “enemies of the human race” operating along our Southern border today?"
------------------------------------------------
Can you think of some "enemies of the human race" operating in D.C.?
D.C. NIFO. It's the only way to be sure.
SOURCE URL: https://www.theepochtimes.com/opinion/understanding-the-constitution-how-states-may-respond-to-illegal-immigration-part-ii-5560833


Add Comment

FORMATTING HELP

All Comments Hide marked as read Mark all as read


FORMATTING HELP

  • Comment hidden. Undo