Return our National Guard

We ask that you assert your legal authority as Governor of the State of Rhode Island and Providence Plantations to demand that our national government immediately return to Rhode Island the members of the RI National Guard who are serving overseas. The following outlines the reasons why we believe that: they have been deployed un-Constitutionally, that you have the power to do this, and more importantly why it is your duty to make this demand.

USC 10, 311. Militia: composition and classes, states that:
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are
(1) the organized militia, which consists of the National Guard and the Naval Militia;

The Constitution of the State of Rhode Island and Providence Plantations states in Article IX, Section 3., The governor shall be captain general and commander in chief of the military and naval forces of this state, except when they shall be called into the service of the United States.

The Constitution of The United States of America states in Article I, Section 8. that Congress shall have the power, To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

The Constitution of The United States of America states in Article II, Section 2. that the President, shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States;

As you can see from the above, members of our National Guard, both male and female, are members of the militia and under your command except when called into the service of the United States. Were also sure that after reading the above cites, you will agree with us that the conditions for calling forth the militia above are not being met with our involvements in Afghanistan, Iraq, deployments under the auspices of the United Nations, other groups, or unilaterally by the United States of America. If the conditions for calling forth the militia are not being met, then the President doesnt have the constitutional authority to command the militia at all, let alone deploy it to foreign lands. As Governor you are the person who has the authority.

As Governor it is your duty to demand that the federal government obey our law and our Constitution by returning the members of our National Guard to Rhode Island immediately. You have the authority to make this demand both in your position as Governor, and also under Amendment X of the Constitution of the United States of America which reads:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Since the power of Congress to call forth our National Guard is restricted to executing the laws of the union, suppressing insurrections and repelling invasions, and the power of the President to command them is dependent upon the power of Congress, the federal government didnt have the power to deploy them. It falls back to Amendment X denying them that power and its up to you to enforce the power that has been reserved to the State of Rhode Island and Providence Plantations. Please uphold our Constitutions and bring them home.