Defend the Guard Legislation–Protecting Florida’s Citizen Soldiers

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Secretary of State John Kerry, in his full court press for war said American inaction would “live in infamy.” He drew analogies to other historical atrocities — the appeasement of Adolf Hitler before World War II and the U.S.’ refusal to accept Jewish refugees from Germany in 1939. “There are moments when you have to make a decision,” he said. “And I think this is one of those moments.”

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This is the same John Kerry who in his fabricated stories of Viet Nam atrocities in 1971 said How do you ask a man to be the last man to die for a mistake? But we are trying to do that, and we are doing it with thousands of rationalizations, and if you read carefully the president’s last speech to the people of this country, you can see that he says, and says clearly, “but the issue, gentlemen, the issue is communism, and the question is whether or not we will leave that country to the communists or whether or not we will try to give it hope to be a free people.” But the point is they are not a free people now under us, they are not a free people, and we cannot fight communism all over the world. I think we should have learned that lesson by now.”

 

Kerry’s boss, Barack Obama makes the same case for war Kerry rebuked Richard Nixon  for in 1971. –“In a world with many dangers, this menace must be confronted,” “After careful deliberation, I have decided that the United States should take military action against Syrian regime targets.” To paraphrase the John Kerry of 1971 “ The point is they are not a free people now, they will not be a free people after we bomb them and kill their women and children; and we cannot fight so called “terrorism” all over the world. I think we should have learned that lesson by now.”

 So, what can Florida do to thwart the never ending military adventurism of Washington DC, currently being prosecuted by former peacenik John Kerry and his boss, former neighborhood organizer Barack Obama?

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Defend the Guard.

According to the Miami HeraldIt has been a busy decade for the Guard, which has deployed to full-time duty more than 17,000 citizen soldiers and airmen from across the state since the Sept. 11, 2001, attacks, both domestically and abroad.Eighteen died on deployment to the post-9/11 wars, four in enemy attacks, the rest to illness or accident. Its biggest year was 2010, when roughly 3,100 troops, a third of Florida’s Army National Guard force, were mobilized for different roles from Iraq to Afghanistan…..Today, half of the Florida National Guard troops joined after the Sept. 11 attacks that reshaped America’s attitude toward the military and service. Said Titshaw, the state’s adjutant general: “9/11 has created a National Guard now that is so highly combat experienced.” Troops who signed up before Sept. 11, 2001, with an eye toward weekend warrior or hurricane duty have retired or moved on.”

 

The state of Florida, acting on the orders of the State’s ultimate sovereigns, the people, can put a crimp in Washington’s meat grinder mentality. Tenth Amendment Center’s Defend the Guard legislation would stop the Florida National Guard from being abused by the feds in their endless illegal wars.

This would not be the first time a State refused to empower the federal government. As Tom Di Lorenzo writes in The Origins of Nullification–”

“When the War of 1812 broke out (also the work of Henry Clay as much as anyone), the New England Federalists essentially seceded from the union by not participating in the war. Their political vehicle was nullification. As stated by the Connecticut state assembly:

[I]t must not be forgotten that the state of Connecticut is a FREE SOVEREIGN and INDEPENDENT State; that the United States are a confederated and not a consolidated Republic. The Governor of this State is under a high and solemn obligation, to maintain the lawful rights and privileges thereof, as a sovereign, free and independent State,’ as he is to support the Constitution of the United States,’ and the obligation to support the latter imposes an additional obligation to support the former. The building cannot stand, if the pillars upon which it rests, are impaired or destroyed.”

The power of the States, creators of the federal government can be used to slow the Empire’s war machine.  Anti-war activists and all people who love liberty and peace ,we encourage you to send this to your state senators and representatives – and ask them to introduce this legislation in your state.

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AN ACT concerning Public Safety – National Guard Deployment – Governor’s Powers

SUMMARY

FOR the purpose of requiring the Governor to withhold or withdraw approval of the transfer of this State’s National Guard to federal control in the absence of an explicit authorization adopted by the Federal Government in pursuance of the powers delegated to the Federal Government in Article I, Section 8, Clause 15 of the U.S. Constitution.

A BILL ENTITLED The Florida National Guard Defense Act——-

WHEREAS, Under the Constitution of the United States, each State’s National Guard is a defensive force controlled by the governor, but can be called up for federal duty by the federal government, provided that said duty is pursuant to the Constitution of the United States; and

WHEREAS, Article I, Section 8, Clause 15 of the Constitution of the United States delegates to the Congress the power to provide for “calling forth the militia” in three situations only: 1) to execute the laws of the union, 2) to suppress insurrections, and 3) to repel invasions; and

WHEREAS, James Monroe, member of the Virginia Ratifying Convention, 7th U.S. Secretary of State, and 5th President of the United States, wrote in 1815, “Congress shall have power to provide for calling forth the militia to execute the laws of the Union; what laws? All laws which may be constitutionally made”; and

WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and

WHEREAS, the Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government in the Constitution of the United States; and

WHEREAS, Daniel Webster, in his 1814 speech on the floor of Congress, said, “The operation of measures thus unconstitutional and illegal ought to be prevented by a resort to other measures which are both constitutional and legal. It will be the solemn duty of the State governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the State governments exist”; now, therefore,

SECTION 1. BE IT ENACTED BY THE (GENERAL ASSEMBLY/HOUSE/SENATE) OF THE STATE OF (enter state), That the Laws of (enter state) read as follows:
(enter section of state code here)

THE GOVERNOR SHALL WITHHOLD OR WITHDRAW APPROVAL OF THE TRANSFER OF THE NATIONAL GUARD TO FEDERAL CONTROL IN THE ABSENCE OF:

a) A military invasion of the United States, or
b) An insurrection, or
c) A calling forth of the Guard by the federal government in a manner provided for by Congress to execute the Laws of the Union, provided that said Laws were made in pursuance of the delegated powers in the Constitution of the United States.

SECTION 2. AND BE IT FURTHER ENACTED, That the governor shall examine every federal order, present and future, that places the national guard on federal active duty to determine whether the order is Constitutional according to Article I, Section 8, Clause 15 of the Constitution of the United States. If the governor determines that the order is not Constitutional, he or she shall take all appropriate action to prevent the National Guard from being placed or kept on federal active duty.

SECTION 3. AND BE IT FURTHER ENACTED, That the governor shall submit a report to the standing committees of the legislature with specified subject matter jurisdiction over military affairs, as provided under (ENTER SECTION FROM STATE CODE), that summarizes his or her review of every order that placed or places the national guard on federal active duty and any action he or she takes in response to that review, within 30 days after his or her review is complete.

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect upon being signed by the Governor

 

 

Andrew Nappi is the State Coordinator for the Florida Tenth Amendment Center. He lives in the Tampa Bay Area with wife Tammy and dogs Emma and Bud Lite.

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One Response to “Defend the Guard Legislation–Protecting Florida’s Citizen Soldiers”

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