Desertdog
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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.
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.
