Thursday, March 10, 2011

Comment on Althouse:
Chaos at the Wisconsin Capitol tonight.

Althouse: Chaos at the Wisconsin Capitol tonight.

The lawful authority in Wisconsin is in a very difficult position with few tools available. Between the media coloring perceptions and the White House controlling federal assets the duly elected government is not garaunteed to survive.

The breach of discipline by the State Police is most serious. They are no longer a lawful police authority. They are now a partisan force with guns. That makes this an Insurrection.

Does the Governor still command the loyalty of the Wisconsin National Guard? Can he mobilize a Company of the Guard and have them clear the Capitol? If need be can he call on the Republican Governors of neighboring Michigan and Iowa for assistance?

Given the current occupant of the White House an appeal for help under the US Constitution Art. IV, Sect. 4, cl. 2 is unlikely to work. It is more likely that if the Governor did activate the Guard that Obama would federalize them and then make a speech about Little Rock and the school house door.

If all else fails the Governor could call out the unorganized Militia, that is almost all males, citizens or lawful permanent residents, between 17 and 45, or veterans up to age 64. The term militia has already been demonized in the popular imagination by its association with fringe groups during the 1990s. Most people probably believe that the Oklahoma City bombing by Timothy McVeigh was an act of militia violence.