Originally posted by David Merrill
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The point is, regarding the illegality, the issues surrounding the Dick Act might resonate here. The Dick Act, from what I recall, was passed because they realized that it was illegal for them to send the de jure militia or military overseas. That is because the militia is limited to their county, state or proper jurisdiction. Outside of their county or state (the Federal zone for federal citizens) the militia are mercenaries. It might help to realize that the National Guard was founded as a volunteer civic organization rather than being a de jure militia. That probably allows them to be used as mercenaries overseas bypassing multi-constitutional restrictions. Consider, a group of mercenaries, though mostly made up of men from Canada could easily be mistaken for the Canadian Army. When the Piper comes to collect for that kind of twistage I suspect it will be uber nasty, even for FDR.
Vieira and others hold that the (U.S.) National Guard is not at all any militia per the Constitution and the Organic Laws of the United States of America but instead come under Article I, Section 10, Clause 3 (as Troops or Ships of War) ('territorial militia' or 'territorial mercenaries'?).
Thus: the issue of illegality under TWEA.
Maybe its just a coincidence: after Kennedy, the U.S.S Flag starts flying backwards on Air Force One, Lyndon Johnson Americanizes the war in Vietnam. Does a backwards flag tends to connote illegality?
The Dick Act helped resolve the issue of when the United States government could mobilize the National Guard, but federal authorities were not permitted to order the National Guard to service outside the United States.
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