fauxlaw

Any State and it's State Justices who think they can prevent the president from invoking federal law that has already been accepted by the Supreme Court as constitutional will find their "authority" to act against the president by claiming authority to stop a federal agency [the military or federal law enforcement] by the president by invocation of the Insurrection Act has constitutional imprimatur since the Constitution is

Supreme law. The Constitution says so; Article VI, clauses 2 - the supremacy clause. No State law has legit authority over the Constitution.

fauxlaw

Yes, the President has the legal authority to deploy the National Guard into a state against the wishes of its governor, primarily by invoking the Insurrection Act of 1807 [Insurrection Act (10 U.S.C. §§ 251-253)] This law permits the federalization of the National Guard to enforce federal law or suppress rebellion, even if state authorities oppose the move, particularly when local officials are unable or unwilling to protect constitutional rights of citizens. 


  1. This allows the president to use the military to combat "unlawful obstructions, combinations, or assemblages" that make enforcing federal law "impracticable".
  2. Federalization: While the National Guard usually reports to state governors, the President can federalize them (transferring them from Title 32 state status to Title 10 federal status), making them direct agents of the federal government.
  3. Controversy and Constraints: While the Supreme Court (e.g., Martin v. Mott) has historically given the president broad discretion in this area, critics argue this should only be a last resort, noting that deploying troops without state consent is legally contentious and can be challenged in court.
  4. Precedent: Presidents have previously used this authority for purposes such as school desegregation, enforcing federal laws, or responding to severe civil unrest, often circumventing state leadership. 

While governors generally command their own state's National Guard, the President’s power under federal law to override them in specific circumstances is well-established, though rare.


While the National Guard typically operates under state control, the President can exercise federal authority through several key legal mechanisms: 

  1. The Insurrection Act of 1807: This is the primary legal tool used to bypass a governor's opposition. It allows the President to deploy the military—including federalized National Guard units—domestically to suppress civil unrest, rebellion, or to enforce federal law when state authorities are unable or unwilling to do so.
  2. Title 10 of the U.S. Code: Specifically, 10 U.S.C. § 12406 empowers the President to call the National Guard into federal service if the U.S. is invaded, there is a danger of rebellion, or the President is unable to execute federal laws using regular forces.
  3. Supreme Court Precedent: In the 1990 case Perpich v. Department of Defense, the Supreme Court ruled that federal authority over the National Guard is supreme and that the President does not need a governor's consent to federalize Guard members for federal missions. 


Historical Examples 

Presidents have historically invoked this power to overcome state resistance: 

  1. 1957: President Dwight D. Eisenhower federalized the Arkansas National Guard to enforce school desegregation in Little Rock despite Governor Orval Faubus's opposition.
  2. 1963: President John F. Kennedy federalized the Alabama National Guard to integrate the University of Alabama against the wishes of Governor George Wallace.
  3. 1965: President Lyndon B. Johnson deployed the Guard in Alabama to protect civil rights marchers without a request from the governor. 


Limitations and Legal Challenges 

While the authority exists, it is subject to certain constraints: 

  1. Posse Comitatus Act: Federal military forces (including federalized National Guard) are generally prohibited from domestic law enforcement unless the Insurrection Act is specifically invoked.
  2. Recent Disputes: In 2025, deployments to cities like Los Angeles and Chicago without governor consent faced significant legal scrutiny and court challenges over whether the specific statutory conditions (like "danger of rebellion") were actually met.



fauxlaw

Don Lemon was legitimately charged for violating 18 U.S. Code § 248 - Freedom of access to clinic entrances [and religious services], to wit:


18 U.S. Code § 248 - Freedom of access to clinic entrances


(a) Prohibited Activities.—Whoever—


(1) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services;


(2) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; or


(3) intentionally damages or destroys the property of a facility, or attempts to do so, because such facility provides reproductive health services, or intentionally damages or destroys the property of a place of religious worship,


shall be subject to the penalties provided in subsection (b) and the civil remedies provided in subsection (c), except that a parent or legal guardian of a minor shall not be subject to any penalties or civil remedies under this section for such activities insofar as they are directed exclusively at that minor.


bold / italics used for emphasis


https://www.law.cornell.edu/uscode/text/18/248





fauxlaw

No. Being Christian, but not practicing is NOT like being accepted to college but too dumb to go. That's nonsense. Oh, sure, I suppose there are people like that. With the literacy rate in this country graduating from high school, but unable to read, yeah, that's dumb, but more than half of high school seniors are literate, so the system is succeeding more than failing, so your comparison fails. Whereas, being an unpracticing Christian merely says that Stephen does not affiliate with any given version of Christianity, but that says nothing about relative intelligence. Are you saying all non-practicing Christians are dumb? That's generalization, again. Collectivism. Everyone of a certain ilk in one basket. That's a false view of society.

fauxlaw

You have apparently never been involved in the details of color printing. Each color, cyan, magenta, yellow and black, are somewhat transparent inks and can be used at 0 to 100% intensity of color. You can imagine, I'm sure, a variable intensity of a grayscale: 0% intensity of black renders white, because there is 0% of black used, and the same for any other of the three colors; however, to achieve a pure white, white paper must be used.. At 100% black the resulting print is all black; 100% intensity. Same for the other 3 colors, thus rendering, combined, about 17M distinguished colors. In paint, it's possible to achieve the same results adding a fifth color, white, to the beech of colors to achieve a more pale color mix to get pastel color result. To achieve white on a color paper, an opaque white ink is used.

fauxlaw

Arrogation

fauxlaw · 9 months ago

 I'm not sure how much difference forward planning would make.


Perhaps in your case, in the UK, being "remote" is not so much of a possibility, but I know for a fact that "remote" is a present, achievable condition, just as I am. I live at 7,500 feet elevation in the middle of a Rocky Mountain forest where I cannot even see my few neighbors, though I know they are there. "Remote" is descriptive of our condition, and that was part of my planning and execution. Let's just say I'm not very concerned that a disruptive street riot is in my future since I cannot see the road from my house. The road is barely paved and has no gutter. Seems you don't know me as well as you think you've pegged me.

fauxlaw

Demos are experienced and educated? By blue-state educcation? Hint, there is no state that has been exclusively blue or red. That “superior education myth is just that. My entire education (a few baccalaureates and PhDs, was in two states, CA and UT, and both were blue and red during elementary thru grad school.


If Dems are so experienced, who is qualified as a descent pres in 18? Anybody?

fauxlaw

Arrogation

fauxlaw · 9 months ago

Granted that any scheduled event can be delayed or cancelled any day and time, but the more I can depend on self-sufficiency, the better personal planning becomes personal accomplishment. Short of dying for cause, though unplanned, my family and I survive with current supplies in the house for about five years, completely off grid if necessary. That comes by ambition, planning and execution, same as my investment goals accomplishment.

fauxlaw
Trump even uses campaign donations to pay his legal fees


Allegation, or proven fact, or at least by indictment pending trial. There is a difference, you know. Show me the trial in which this accusation was proven against him.


Most of his business cases were filed against him for not paying his vendors.


Again, I ask, were/are these accusations against Trump, personally, or against Trump Org, which I said is a different "person" [in quotes because in the 1889s, corporations were allowed to be legal people, but the does not imply Trump, himself. He is a separate and distinct person, as opposed to the Corporation.


Remember he filed 7 bankruptcies.


See the commentary immediately above concerning the distinction between Trump, the human person, and Trump Org, the corporate "person." None of the bankruptcies are by Trump, the human person. They were all actions by Trump Org against Trump Org associated businesses that were not profitable. Trump has never filed personal bankruptcy.





fauxlaw
And what truth has god revealed to you concerning the multiple flaws, mistranslations and out-right contradictions in the Bible?


The answer is not a simple one, In fact, I am presently writing a book entitled "Translation: the nemesis of language." I'm about 100 pages into it, roughly half-way, and plan on a release late summer, early fall, depending on publisher. However, I will offer an excerpt from a chapter specifically dealing with mistranslation:


In Matthew 16, we read of a critical moment when Jesus asks his apostles who others say that he, Jesus, is. This is significant because in the first verses of the Chapter, Jesus tells the apostles they must be careful about interpreting the leaven in bread of the Pharisees and Sadducees. They misunderstand Jesus is not really talking about physical bread; he is using "bread" by parable referring to the flawed teaching by the Pharisees and Sadducees, who were both serious interpreters of the Law, but often opposed one another in specific doctrine. 

That matter resolved, Jesus later asks them:

"Whom do men say that I, the Son of man am?"

They replied naming various prophets of old or John the Baptist.

"He saith unto them: But whom say ye that I am?

"And Simon Peter answered and said, Thou art the Christ, the Son of the living God.

"Jesus answered and said unto him, Blessed art thou, Simon Barjona: for flesh and blood hath not revealed it unto thee, but my Father which is in heaven.

"And I say also unto thee, That thou art Peter, and upon this rock I will build my church; and the gates of hell shall not prevail against it."


Let's see verses 17 and 18 in Greek:

"...Μακάριος εἶ Σίμων Βαριωνᾶ ὅτι ἀπεκάλυψέν σοι σὰρξ σὰρξ αἷμα ἀλλ μου Πατήρ ἐν οὐρανοῖς 

"δέ κἀγὼ λέγω σοι ὅτι σὺ εἶ Πέτρος καὶ ἐπὶ ταύτῃ πέτρᾳ οἰκοδομήσω μου ἐκκλησίαν καὶ πύλαι ᾅδου κατισχύσουσιν αὐτῆς,"

The key verse that is widely misunderstood is the 18th, wherein, so is commonly interpreted by the English translation from Greek in three critical instances which allege Peter is the rock and foundation of the church: 

First, with "...thou art Peter." In Greek, "Peter" is rendered as "Πετρος" [Petros], which is a name, nominative masculine singular, not an ordinary noun, "rock," which in Greek, is ρετρα [petra]. 

Second, "...upon this rock" in Greek, "this" is rendered as ταύτε [tautē], demonstrative pronoun, dative feminine singular [therefore, not referring to a man]. And, "rock" is rendered as ρετρα [petra], noun, dative feminine singular; again, not referring to a man, but some other, foundational something which must be identified by going back to verse 17 to discover that to which "this" is referring. Why? Because both words, "this," and "rock," are feminine, not masculine, and, therefore, cannot refer to Peter. English is one of several languages that do not use grammatical gendered nouns, whereas Hebrew and Greek both do so, and all "romance" languages, i,e., Latin-based, and virtually all Semitic languages, such as Hebrew, Arabic and Aramaic, do so, as well.

Third, Jesus tells us Peter knows who the Savior really is, not by "flesh and blood" but by "hath revealed it." "It" is a specific revelation from God, ἀπεκάλυψέν [apekalypsen], verb, aorist indicative active, 3rd person singular; to uncover, or reveal something.

Therefore, the correct sense of verse 18, as revealed by analysis of verse 17 from Greek is, according to Christ, himself, "You are Peter [an apostle] and upon [revelation from God - from verse 17] I will build my church..." 


fauxlaw

You may have no interest in researching Greek and Hebrew. You may have no interest in seeking God in prayer for answers. That is all on you. I prefer doing those things, and it is not worthless to me. People are different my friend. What's good for you is good for you and may not be for me. What's so hard to understand about that?

fauxlaw

Clueless

fauxlaw · 9 months ago

Photons, themselves, are not "solid matter," but the charged particles of solid matter too which they attach, and causes them to glow across the entire light spectrum are. Not rubbish. Yes, there are photons that do notattacah to solid mass particles. So what? The experiment I described is still valid because darkness is not matter, nor energy.

fauxlaw

A little math usually reduces the apparent overwhelming numbers that make some people tear their hair out, all because they do not like Trump. What a waste of time and talent. Why not just ignore him?

Look, you said over 46 years [1970 - 2016] , Trump has been in 4,095 lawsuits; 1,895 of them, less than half, have been filed against him. I'll ask, first, since I. know this is not off the top of your head, how many are really against him, and how many against Trump Org? That is a separate entity from Trump; you cannot blindly combine the two. You will find, should you happen to look it up [I have] that much more than half [it's around 85-90%] are filed against Trump Org, not the man. Hate generally diffuses the two. Funny thing. And you claim he has spent $100m defending himself. Again, are you sure that is all Trump, and not mostly Trump Org? And, so what; that amounts to 0.25% of his wealth. In restaurant/bar ;bosses that pittance is called "slippage," expected incidental loss against gross income.

So, settle down, ignore Trump, live a happier life. Yeah, I voted for the guy last time. So what? I mostly ignore him because little that he does affects me personally.

fauxlaw

This string began last year. It's now next year, so, "used to be" is still current. Hope is always alive.

fauxlaw

Clueless

fauxlaw · 9 months ago

Sorry, but my occupied space is filled with light, which is substance. The dark is not just absence of light, but absent of anything; it is absence of substance. So, wrong conclusion. It happens.


Here is an experiment you can do at home, assuming you have a hallway and at least one room off the hallway, and there needs to be a room light controlled by a switch and a door to the room from the hall. The hallway may also have such a light, or not; doesn't matter, but should not have a window to outside. This experiment is best done at night. Inside the room, close the door and turn on the light. Now, open the door. Does darkness in the hallway invade the room, or does the light in the room invade the darker hallway. That should tell you everything you need to know about dark and light.

fauxlaw

That conviction, my friend, is on appeal, which is why punishment has not been issued on that conviction. If the appeal is successful, and that is a better than 50/50 chance, given the comportment of a number of people in the prosecution and judgement of that trial, the conviction is overturned. All 34 felony charges. Just one issue to consider: in none of the 34 charges did the prosecutor define the specific details that are required to try a defendant on the primary NY statute that converts the charges from misdemeanors to felonies. Big miss that the judge, in his personal bias, seems to have ignored. Oops. I am looking at what Trump is doing to America. As it affects me, personally, I'm doing far better than I ever did under Oba'a/Biden. Meanwhile, I'm watching what sanctuary cities and states are doing to America. Lawlessness does no one any favors, including themselves, as some are beginning to understand. To Waltz and Frey, understanding is still beyond them. What else is new? Federal law is not dismissible.

fauxlaw

Wish upon a star? Sure, why not? Unless you decide to be an idiot and post online that you wish the star to fall on someone you hate to crush/burn them. And in particular, if you happen to have a license to practice medicine as a medical doctor or registered nurse, and have taken an oath of service directed to health care. And several other restrictions such as yelling fire in a crowded place where no fire exists.


A FL RN has learned the hard way that she cannot wish bodily harm to another person and hope to retain her state license.



These are the consequences [wages, it you will] of hate. Keep it to yourself.

fauxlaw

I will not join the Jehovah's Witnesses because they deny Christ's divinity. I understand from the scriptures that Jesus Christ IS Jehovah of the Old Testament, a god in spirit before he was ever born on Earth, and is, under the direction of the Father, the creator of "heaven and earth." Hence, the commentary in Genesis, "Let us make man in our image, after our likeness." "Genesis 1: 26]. A plurality of gods participated in the creation; many hands on deck. And he is also the God of Abraham. Isaac and Jacob, the God, "I Am," appearing to Moses... It is why Jesus, as a child of 12, amazed the temple elders with his knowledge of the Old Testament scriptures; he is the one revealing them to the O.T. prophets and, being perfect, even as a mortal child, was well aware of them. Who says pre-mortal beings cannot be gods? Eternity means what it is, and what we may know and do may extend into the distant past as well as into the distant future. "God" is not a name, it's a title; one borne by more than two or three, even one that may be borne in pre-mortality, released from such a calling while in mortality [although Jesus retained the calling in mortality]. and resume it after mortality. We are all eternal beings. Maybe Jehovah's Witnesses ought to accept Christ as divine and join us.

fauxlaw
So you are telling us that you dismiss the opinions and views of(the speaker in the YouTube video) 


In a word, yes. As for "more than qualified to speak on such matters," I'd say having lost his faith, his "more than qualified" got up and left. I have not abandoned my faith, and, as for "qualifications," what, exactly does that mean to you, and by what authority do you claim I lack it? You have no idea of my academic and religious background, do you? Whatever you may think your know, there's more.

fauxlaw
Who is to say which parts are truth, You!?


No. I have already said: the truth comes directly from God to each person who asks with sincere faith that an answer will be given. Which means that even biblical translation that is troublesome to understand can be made clear and powerful, therefore, not "worthless." What is disingenuous about that, unless you reject the existence of God. That seems to be your starting point. I can't help you until you move past that obstacle yourself. You and I have had this argument for a number of years. I stand ready; you seem to stand defiant. So be it.



fauxlaw

I bear no responsibility for other people. Some people does not mean all, does it, and it does not alter the great things we accomplish as a whole gathering of worshipers of Christ. Leave it at that. We, each, are only resposiblefor our own thoughts and actions; no one else's, and no one else but Christ has acted to atone for all who sin, conditional on their repentance, which is available to all, so, get off the high horse of criticism that anyone abuses others, because sure as the sun rises, we may do so, ourselves, and will require our change of heart to correct it.

fauxlaw

My new job

fauxlaw · 10 months ago

Good suggestion, Debby. I still do some freelance writing for clients. Two good online clearinghouses for writing projects are freelance.com and upwork.com. You got to set up an "about me" page with links to writing samples and a bio and such, which the clearinghouses then make available to writing-needs clients, but it's worth the effort. Clients generally pay on time and the work drives a lot of research, but, hey, you end up learning a ton in the process. Write g projects are anything from articles to books. You don't get credit on either unless the client is willing to do that, so you're really ghostwriting, but it's still added income if sufficient skill is there. Edit - always edit for spelling, grammar, and such. Clients do not like errors and sloppy writing, so it is a learned skill.

fauxlaw

Gold is quite expensive - over $5,000/oz [spot price], and most people do not have a spare $5,000 hanging around. But silver is still a good buy at just over $100/oz spot price. I started buying gold when it was $400/oz in the mid 70s. I started buying silver 10 years later at about $5/oz, so I'm doing well, now. But silver is slated to increase its value exponentially because its use cannot be recycled for industry like gold can be, mostly for electronics, so its availability decreases, thus raising its value. At spot of $100 today, silver could be hundreds in a short time - months [i.e., less than a year].

fauxlaw

Accordng to Pew Research, during the period of 2010 to 2050, While Christianity as a whole was 31.4% of world population, and Muslims were 23.2%, by 2050, Christianity will still be 31.4%, whileMuslims will number 29.7%. The trend is significant for Islam, while in very shallow rise

for Christianity, and the latter will, by the trend, fall behind the growth of Islam by roughly 2060.


https://www.pewresearch.org/religion/2015/04/02/religious-projections-2010-2050/