The book of the Constitution Containing the Constitution of the United States

Cover The book of the Constitution Containing the Constitution of the United States
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But if the declaration of the President should be admitted to be an unerring test of the existence of these cases, this important power would depend, not upon the truth of the fact, but upon executive infal- libility ; and the limitation of the power would consequently be nothing more than merely nominal, as it might always be eluded. It follows, therefore, that the decision of the President in this particular cannot be conclusive. It is as much the duty of the state authorities to watch over t
...he rights reserved, as of the United States to exercise the powers which are delegated.
The arrangement of the United States into military districts, with a small portion of the regular force, under an officer of high rank of the standing army, with power to call for the militia, as circumstances in his judgment may require ; and to assume the command of them, is not warranted by the Constitution or any law of the United States. It is not denied that Congress may delegate to the President of the United States the power to call forth the militia in the cases which are within their jurisdiction but he has no authority to substitute military prefects throughout the Union, to use their own discretion in such instances.


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