Arizona republican., 1916-05-12
Prof. H. NJ. Colvin of Chair of Constitutional Law at University Advises Re- publican of Powers of President

President
 That the president has the power to | order any state troops for duty with out the borders of the state. is explain ed by H. NJ. Colvin. professor of con- stitutional law at the University of Arizona. Besides his assertion on the constitution and upon supreme court decisions, Prof. Colvin writes as fol- lows for The Republican: According to Article x of the Amend ments of the Constitution of the United States the powers not given to the United States by the states in the con- stitution are reserved to the states, that is to say, that the states have all the powers which they have not given up to the United States in the constitu ton. Said Amendment X reads as fol- lows:
 United States by the constitution nor prohibited by it to the States are re- served to the states respectfully or to the people"
 Amendment X, Constitution of L. $.
 One of the powers reserved by the states to themselves is the power to maintain well regulated militia. This power is reserved in the following language:
 "A we'll regulated militia being neces- sary to the security of free state, the right of the people to keep and bear arms shall not be infringed."
 Article H. Const of U. <.
 If this was all that was stated in the Constitution of the l.. $. each state would have exclusive power over it's own militia, but in Article l. Section S., Clause 16, the states after reservinG to themselves the power of the appoint ment of the officers" and training the militia" give up to congress the power of armng, disciplining and even organ | izing the state militi-. as well as gov erning any part of them that may be f employed in the service of the United ! States. The language of the consti- ] tuition is as follows
 The congress shall have power 1 to provide for organizing. arming, and disciplining the militia and for govern [ ing such part of them as may be em- ployed in the service of the United 1 States, reserving to the states respect ! ively. the appointment of the officer. and the authority of training the mIli- tia according to the discipline prescrib ed by congress"
 Art. I, Sec. 8. Clause l6, Const. of |. <
 It has been held that the word mill tia" wherever appearing in the Consu tuition of the United States means "th' state militia" Houston vs. Moore. Wheaton i.
 It is seen that the language of tn above article giving to congress tn power of governing such part of then as may be employed in the service O the L. $" implies the power of the | S government to use the state militii in the |. $. service, no matter where
 But the framers of the constitution of the United States did not leave 8 important matter to implication bu gave congress the power to call out tn militia in order to execute the law c the United States or suppress iusur rections or repel invasions. The Ian guage of the constitution is:
 The congress shall have power to provide for calling forth the militi to execute the laws of the Union. SUI press insurrection. and repel inyasions Art I, Section s, Clause Is, Const. (
 L. s.
 Pursuant to the powers above givel congress has passed laws providing fC the calling forth of the militia by tf T.. $. government in time of need an inasmuch as the president is command erin chief of the army and navy .(Ar IT, Sec. 2. Clause l, Const of |. $ and of the militia of the several stat' when called into the actual of the S" (Art. II. Sec. 2. Clause l. Cons of L. S) the president is the excll sive judge as to when the exigenC has arisen for the exercise of his at thorlty. Mir. Cooley in his great vol on constitutional laws says:
 The president is execlusive judt when the exigency has arisen for tl exercise of the authority and this ren, CTS one who refuses to obey the ca liable to punishment under milital law The president may make his r quisitions direct upon the executive the state or upon the militia officers Cooleys Constitutional Law, 3rd Ed
 tion 100.
 Judge Cooley states in his work ( Constitutional law that the intent the constitution provisions above r ferred to "is to render the Feeder government supreme in all that pc tains to war" Cooley on Constit tionaI Law-p 101) The supremacy
 the federal government over state mi tia and the power of the president
 call out the state militia even beyo the borders of the state has been u held by the supreme court of the
 $. in the two well known cases amo lawyers of Houston vs. Moore,
 Wheaton i, and Martin vs. Mott,
 Wheaton 19.
 From the above it is seen that {
 president in ordering out the state mi
 tia beyond it's borders has behind h
 both the authority of the constituti
 of the U. $. and the decisions of
 U. $. Supreme court.