View Single Post
Old 09-12-2019, 04:23 PM
Max S. is online now
Join Date: Aug 2017
Location: Florida, USA
Posts: 1,554
Originally Posted by kirkrapine View Post
But, no limitation is placed on the circumstances under which the militia can be called into federal service. E.g., the New England states declare secession in protest of the War of 1812 (that was an actual thing), so Madison federalizes their militia and that's that, all perfectly constitutional.
Except NH, I don't think the New England states or their militias fully complied with Madison's orders, especially orders to invade Canada. And the states didn't declare secession. After Madison tried and failed to invade Canada, at the end of the war, you had the Hartford Convention which dealt not with secession but constitutional amendments to remove the three-fifths compromise and require two-thirds of Congress to declare war, admit new states, or restrict trade.

And Madison only had the authority to call the militias into national service (to federalize them) because Congress gave him that statutory authority. The Constitution itself gives Congress the power to call militia into national service "to repel invasion". When Madison issued orders to invade Canada, given the unpopularity of the war, many NE states (including their congressmen) refused to comply because they did not consider that within Congress's authority much less the President's delegated authority.

In direct opposition to your assertion, see the United States Constitution, Article I, Section 8, Clause 15 which expressly limits the government's power to certain circumstances:
"[The Congress shall have Power] To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"