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Schwarzenegger has the Power to Secure California Border

Discussion in 'Legal' started by Desertdog, Jun 14, 2005.

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  1. Desertdog

    Desertdog Member

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    http://www.sierratimes.com/05/06/14/greenslade.htm
    Schwarzenegger has the Power but does he have the Testicular Fortitude to Secure California's Border?
    Robert Greenslade

    In an April interview on KFI radio in Los Angles, California Governor Arnold Schwarzenegger praised the volunteers known as the Minutemen Project for their work on the Arizona-Mexico border. Schwarzenegger said they have "done a terrific job" and "cut down the crossing of illegal immigrants by a huge percentage." He went on to criticize the federal government for not doing its job and said, "it's a shame that the private citizen has to go in there and start patrolling our borders." An aide later said the governor would welcome the Minuteman Project in California.
    The State of California doesn't need the Minuteman Project to secure its border Governor Schwarzengger. Instead, it needs a chief executive with the testicular fortitude to act because the Constitution and laws of California vest the governor with the power to secure the State's border from illegals.

    Article 5, Section 7 of the California Constitution states:

    "The Governor is commander in chief of a militia that shall be provided by statute. The Governor may call it forth to execute the law."

    Thus, a governor has the constitutional authority to call forth the militia independent of the California Legislature.

    The conditions under which a governor can call forth the militia is spelled out in California's Military and Veterans Code. Section 146 grants a governor the authority to:

    "[C]all into active service any portion of the active militia as may be necessary, and if the number available be insufficient, the Governor may call into active service any portion of the unorganized militia as may be necessary, in any of the following events:

    a) In case of war, insurrection, rebellion, invasion, tumult, riot, breach of the peace, public calamity or catastrophe, including, but not limited to, catastrophic fires, or other emergency, or imminent danger thereof, or resistance to the laws of this state or the United States."

    Hundreds of thousands of illegals pouring into California every year triggers several of these provisions and is nothing short of a human invasion. Thus, the governor has the statutory authority to use the militia to protect California's border and stop the flow of illegals.

    The power of the States to protect themselves from invasion is also enumerated in the Constitution for the United States. Article 1, Section 10, Clause 3 states:

    "No State shall, without the Consent of Congress.engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."

    If the States have the power to go to war independent of Congress when necessary, then they certainly have the power to protect their sovereignty from individuals attempting to illegally penetrate their borders.

    The California Military and Veterans Code section cited above also grants the governor the authority to use the State militia to enforce the "laws of the United States." Thus, the governor has the statutory authority to use California's militia to enforce so-called federal immigration laws within the State. [Note-The word immigration does not appear in the U.S. Constitution]

    As shown above, California's governor has the power to secure the State's border and cannot hide behind the claim that he is powerless to act because the illegal problem is a federal issue. The only thing standing between California and a secure border is a governor with the testicular fortitude to stand-up to the forces of political correctness. If Schwarzenegger does not exercise his lawful authority to secure California's border, then he is nothing but a spineless girly-man who doesn't have the balls to do his job.
     
  2. Waitone

    Waitone Member

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    Lemme see here. Ahnuld will do what the federales refuse to do. Now the state that Ahnuld governors for is the one state where criminal aliens are plentiful, organized and loud.

    I got dibs on the popcorn concession 'cause it will be interesting if he actually does something.
     
  3. KriegHund

    KriegHund Member

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    Its not like he has a lot too lose if he does.

    But this is also the guy who couldve done soemthing about the .50 ban and didnt.
     
  4. Pilgrim

    Pilgrim Member

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    It costs a lot of money to call out the National Guard.

    Pilgrim
     
  5. Standing Wolf

    Standing Wolf Member in memoriam

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    If I were you, I wouldn't quit my regular 9:00 to 5:00 routine just yet.
     
  6. Hawkmoon

    Hawkmoon Member

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    The law cited does not authorize him to use the National Guard. It authorizes him to call up the militia. Note the reference to using the "unorganized" militia if there are insufficient numbers of the organized militia. Read the federal Militia Act and compare the language.

    Of course, givem that the militia is made up of just about everyone under the age of 45, I can see a lot of unhappy people if the Governator were to implement this law.

    What do want to bet that California has been ignoring this legal requirement for decades? I'll bet there is no militia in California ... at least not a statutory one. There might be a private militia or three, but that would not fall under the purview of the law.
     
  7. Jammer Six

    Jammer Six member

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    Oh, this is good.

    First, you guys elect an immigrant, and then you ask him to shut the door.

    We get stronger every time an immigrant crosses the border.

    Sometimes, we gain a future governor.
     
  8. Standing Wolf

    Standing Wolf Member in memoriam

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    Immigrants have always been one of America's greatest strengths.

    Illegal aliens are a cancer.

    Confusing the two groups is a leftist extremist tactic.
     
  9. wingman

    wingman Member

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    You must be speaking for Mexico, they do indeed get stronger and more
    rich each time an illegal enters the USA. :barf:
     
  10. Biker

    Biker Member

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    Explain to us Jammer, how "we get stronger every time an immigrant crosses the border". Is the 'we' you're referring to the low-life unscrupulous employers who knowingly hire illegals at slave wages at the expense of the American tax payer?
    Biker
     
  11. armoredman

    armoredman Member

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    We get more inmates, too. There are complete units in the AZ prison system of nothing but Mexican nationals. Legal immigration strengthens the melting pot, but illegal invasion destroys us.
     
  12. El Tejon

    El Tejon Member

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    Looks like Arnold could lead the Republicans back to prominence in California? :scrutiny:
     
  13. Werewolf

    Werewolf Member

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    Sarcasm? Right?

    Because pigs will fly, snowballs in hell won't melt, Feinstein will renounce gun control and join THR as it's most rabid pro RKBA member and the sun will burn out before Republicans ever regain prominence in California. :neener:
     
  14. Desertdog

    Desertdog Member

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    I do hope you are wrong. If you look at to Red/Blue states map we are sunk. On the other hand, if you look at the Red/Blue counties map you can gain some hope.
    Most of the counties in CA are Red, with the population centers Blue.
    The state land area is still far more Red than the Red/Blue maps suggest.

    My opinion, they should have given the Democrats the Red color as it matches their actions.
     
  15. R.H. Lee

    R.H. Lee Member

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    BWAHAHAHAHA! {snort} Dat's a good one!
     
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