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this post was submitted on 18 Jul 2024
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So your argument is sticking your fingers in your ears and shouting "la la la, I can't hear you"? Just because you don't believe that a law would ever be used, doesn't mean it isn't real and cannot be used. Just because a law was ratified in 1930 doesn't mean it no longer exists. There is not statue of limitations on how long laws exist for, and laws don't die of old age.
Yeah, no shit the congress is the only body that can raise an army. No one is arguing otherwise. The army and the militia are two different things. The President activates the National Guard to active duty, done by Executive Order.
Just because the draft is unpopular doesn't mean that you couldn't be drafted tomorrow if WW3 broke out. Until it is repealed, it is still the law and can be used. Until there is a lawsuit that takes one of the many laws surrounding the unorganized militia before the Supreme Court and it gets ruled unconstitutional, it's still legal. Texas, California, New York, Ohio, and Florida all have similar laws to Virginia, none have been struck down as unconstitutional or a violation of the 13th Amendment.
The idea that a foreign power could invade the continental US or that we could have another actual civil war is or should be ridiculous, but that in and of itself won't stop either of those things from happening. If they do happen, watch how quickly people get drafted into their State Guard when a shooting war is taking place.
No, my idea is that the law is unconstitutional and the only time I can even find a governor trying to use it was to break a strike. Forcing the strikers to work, to which the answer was, "fuck you check the Constitution".
And you may want to semantically split hairs on militia but it's still a military unit, and as such, an Army. Which neither the governor or President has the authority to raise on their own. The Constitution is shockingly clear on this, I'm not sure how this is even an argument.