BAKER v. CARR. 186 Opinion of the Court. "So, too, as relates to the clause in the abovementioned article of the Constitution, providing for cases of domestic violence. It rested with Congress, too, to determine upon the means proper to be adopted to fulfill this guarantee. . . . [B]y the act of February 28, 1795, [Congress] provided, that, 'in case of an insurrection in any State against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such State or of the executive (when the legislature cannot be convened), to call forth such number of the militia of any other State or States, as may be applied for, as he may judge sufficient to suppress such insurrection.' "By this act, the power of deciding whether the exigency had arisen upon which the government of the United States is bound to interfere, is given to the President. ... "After the President has acted and called out the militia, is a Circuit Court of the United States authorized to inquire whether his decision was right? . . . If the judicial power extends so far, the guarantee contained in the Constitution of the United States is a guarantee of anarchy, and not of order..... "It is true that in this case the militia were not called out by the President. But upon the application of the governor under the charter government, the President recognized him as-the executive power of the State, and took measures to call out the militia to support his authority if it should be found necessary for the general government to interfere . . .. [C]ertainly no court of the United States, with a knowledge of this decision, would have been justified in recognizing the opposing party as the lawful gov-

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