ut the militia in case of insurrection against the government of
any State. It followed, said Taney, that the President "must, of
necessity, decide which is the government, and which party is unlawfully
arrayed against it, before he can perform the duty imposed upon him by
the act of Congress"[289] and that his determination was not subject to
review by the courts.

DECLINE IN IMPORTANCE OF THIS GUARANTY

With the recognition in the Debs Case[290] of the power and duty of the
Federal Government to use "the entire strength of the Nation * * * to
enforce in any part of the land the full and free exercise of all
national powers and the security of all rights entrusted by the
Constitution to its care,"[291] this clause has declined in importance.
When that Government finds it necessary or desirable to use force to
quell domestic violence, its power to protect the property of the United
States, to remove obstructions to the United States mails, or to protect
interstate commerce from interruption by labor disputes or otherwise,
usually will furnish legal warrant for its action, without reference to
this provision.[292]

Notes

[1] Clark _v._ Graham, 6 Wheat. 577 (1821), is an early case in which
the Supreme Court enforced this rule.

[2] Stat. 122 (1790); 2 Stat. 299 (1804), R.S. Sec. 905 28 U.S.C. Sec.
687.

[3] Mankin _v._ Chandler & Co., 2 Brock. 125, 127 (1823).

[4] 7 Cr. 481 (1813). _See_ also Everett _v._ Everett, 215 U.S. 203
(1909); Mutual L. Ins. Co. _v._ Harris, 97 U.S. 331 (1878).

[5] On the same basis, a judgment cannot be impeached either in or out
of the State by showing that it was based on a mistake of law. American
Exp. Co. _v._ Mullins, 212 U.S. 311, 312 (1909); Fauntleroy _v._ Lum,
210 U.S. 230 (1908); Hartford L. Ins. Co. _v._ Barber, 245 U.S. 146
(1917); Hartford L. Ins. Co. _v._ Ibs, 237 U.S. 662 (1915).

[6] 3 Wheat. 234 (1818).

[7] 13 Pet. 312 (1839). _See also_ Bacon _v._ Howard, 20 How. 22, 25
(1858); Bank of Ala. _v._ Dalton, 9 How. 522, 528 (1850); Great Western
Telegraph Co. _v._ Purdy, 162 U.S. 329 (1896); Christmas _v._ Russell, 5
Wall. 290, 301 (1866); Wisconsin _v._ Pelican Insurance Co., 127 U.S.
265, 292 (1888).

[8] Cole _v._ Cunningham, 133 U.S. 107, 112 (1890). _See also_ Stacy
_v._ Thrasher, use of Sellers, 6 How. 44, 61 (1848); Milwaukee County
_v._ White (M.E.) Co., 296 U.S. 268 (1935).

[9] Chicago & A.R. Co. _v._ Wiggins Ferry Co., 119 U.S. 615, 622 (1887);
Han