Posted by Girty on November 07, 1998 at 20:04:33:
In Reply to: Re: United States singular, United States of America plural posted by Sustained on November 06, 1998 at 23:06:01:
: "The United States went to war in 1861 to preserve the Union; it emerged from the war in 1865 having created a nation.
: Before the two words ' United States' were generally used as a plural noun: 'the United States are a republic.'
: After 1865 the United States became a singular noun. The loose union of states became a nation."
: James M. McPherson, Abraham Lincoln and the Second American Revolution (Oxford University Press, 1991), p. viii.
: "The de facto transition of the United States from a federation to a federal state is marked by the gradual use of a singular rather than a plural verb."
: Charles G. Fenwick, International Law, 3d rev. ed. (Appleton-Century-Crofts, Inc., 1948), p. 148 n. 62.
: U.S.C. TITLE 50 - WAR AND NATIONAL DEFENSE ,CHAPTER 33 - WAR POWERS RESOLUTION
: § 1541. Purpose and policy
: (a) Congressional declaration
: It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
: (b) Congressional legislative power under necessary and proper clause
: Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer hereof.
: (c) Presidential executive power as Commander-in-Chief; limitation
: The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
: Key phrase:the United States, its territories or possessions, or its armed forces.
: What about the an attack upon a "State"?
: Are there really any "States" today in the context of International law?
: There is only one "State"; The "United States" which is a United Nations member State.
: The "We the People" constitution was Roman public law; "Roman law" meaning "International law".
: Since todays so-called "50 States" are not "international in the nature of law" nor were they a party to the "We the People"
: The Hooven case may have finally admitted that the term "United States" has three entirely
: different meanings but only the singular federal Government "United States" has inherent war power and the resulting sovereignty.
: How many different meanings are there for "State"?
: How many different meanings are their for "constitutional?
: Like constitutional law is political law.
: I never heard of a "United State".
: I read some good stuff about Constitutional Unions at the Harvard Law School web-site concerning the Europeon Union and effects a constitution has on Nationality.
: (from memory it said something like)
: Nationality would be singular once a Constitution was signed by International type States regardless of the State was a citizen of.
: A Constitution creates a singular Nation or State as it would be called under International Law.
: Anyway believe what suits your mind. Freedom of thought is fine with me.
: : Objection.
: : The Guarantee Clause clearly distinguishes
: : "United States" from the several States of
: : the Union. It is immaterial that the term
: : "States" in "United States" is plural.
: : By analogy, "Philippine Airlines" is a
: : commercial air carrier.
: : The Hooven case finally admitted that the
: : term "United States" has three entirely
: : different meanings. That is the source of
: : the confusion.
: : The "United States of America" is a term
: : which is synonymous with the several
: : States of the Union, i.e. the States United!
: : /s/ Paul Andrew Mitchell, B.A., M.S.
When the United States went to war in 1861 to preserve the Union, did the Congress representing each of the Union member States, declare a war or did a single man raise an army and declare the war himself? Did that single man who hapened to be a lawyer, also, against orders of the Chief Justice of the Supreme Court suspend the writ of habeas corpus prior to the emergency situation that followed?
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