Law Observance: Shall the People of the United States Uphold the Constitution?

By W. Durant C. | Go to book overview
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USE THE NAVY MORE

Commander A. G. Dibrell, U.S.N. Naval War College, Newport, R. I.

THE Constitution of the United States and the laws enacted thereunder give the President sufficient force at his command to enforce the prohibition laws.

The oath of the President reads:

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States."

Section 2 of the Constitution provides:

"The President shall be the commander-in-chief of the Army and Navy of the United States, and of the militia of the several state when called into actual service of the United States."

Section 151 of Revised Statutes provides:

"The permanent authorized enlisted strength of the active list of the regular Navy shall be 131,485, provided that the President is hereby authorized, whenever in his judgment a sufficient emergency exists, to increase the authorized enlisted strength of the Navy to 191,000 men."

Title 14, section 1, provides:

"The Coast Guard shall constitute a part of the military forces of the United States, and shall operate under the Treasury Department in time of peace and operate as a part of the Navy, subject to the orders of the Secretary of the Navy, in time of war or when the President shall so direct."

Revised Statute 5298, provides:

"Whenever, by unlawful obstructions, it shall become unpracticable, in the judgment of the President to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any state or territory, it shall be lawful for the President to call forth the militia of any or all the states, and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States.

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Law Observance: Shall the People of the United States Uphold the Constitution?
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