Posted on 11/24/2018 10:21:33 PM PST by caww
There should be very little legal controversy in the military's employment to defend the border against an unlawful incursion by foreign nationals. The defense of territory and persons is the primary responsibility of the Department of Defense.
Other authorities also relevant specifically, the provisions under federal law as vested under Title 10, Chapter 13 of the U.S. code:
That whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.
Chapter 13 also includes another authority:
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it — (1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection ...
Put simply, the Trump administration has the legal authority both to order troops to the border and to afford them with the authority to use force in the service of their duties.
(Excerpt) Read more at washingtonexaminer.com ...
This will not stop one of Roberts’ Obama judges to issue a nationwide TRO against the WH.
I always liked the scene in that spy movie with an older Gene Hackman where he lives in the old building with his cat.
The guys watching him via the satellite are saying “Look up so we can see your face, look up!”
The young spy says “What are you guys going on about?”
“He has to look up so the satellite can see his face.”
“That’s dumb - what good is it if you can’t see his face?”
(Or something like that.)
“Posse Comitatus has its genesis in the administration of Rutherford Hayes.”
Its genius was to relieve the South from military occupation, which it had been under for about twelve years.
Had nothing whatever to do with black citizenship and the general notion that the KKK controlled everything in the South is laughable. The KKK was a secret organization, had to be, because it operated outside the law that existed at that time.
It reminds me of the historical revisionism that blacks could not vote in the South before the Voting Rights Act of 1964. They had been voting by the hundreds of thousands previous to that year, at least here in Louisiana if they so chose.
Less than half of all Americans choose to vote today.
The public schools used to teach that the most important responsibility of federal government was to provide for the common defense of the people. Now they teach about the Santa Claus effect.
He also has the authority to use it against domestic enemies of the Constitution too! People better start getting used to this concept soon!
How many divisions do they have?
Why be Commander and Chief if the Lilliputians won’t let you command or be the head honcho?
Bayonets are nice. But I’m a huge believer in the power of artillery.
Not only can there be troops at the border, there is definite conspiracy at multiple levels in California. The conspiracy to establish sanctuaries is reason enough to establish military rule
As an aside, all Americans who give aid and comfort, ilegal legal coaching, funding, organizing these incursions should be tracked, put on no-fly, no border crossing lists. NOT ALLOWED BACK.
Didn’t Clinton violate Posse Comitatis in Waco?
He always complies because of the impeachment predicate. Without violation of a court order, they have no predicate and the SCOTUS may dismiss an impeachment. It doesn’t take much, but they have to have something. Hence, compliance.
The gutless coward RINOcrat-controlled Congress and, starting in January, the traitorous Demonicrat-controlled Congress will not impeach corrupt, Constitution-hating judges.
Time to start shooting at the criminals...if they invade, they should be shot at...
According to some federal judge in San Francisco (and the Democrat Party), we can send our troops all over the world to defend other people's borders from foreign invasions - but we are helpless to send our own troops to our own border to protect it from foreign invasions and instead must let invaders in and use a completely failed system of "due process"?
... got it!
Hayes was a Republican who won by an electoral college majority and lost the popular vote. Congress was controlled by the Democrats. They pulled the same crap with him as with Trump to a lesser degree.
Federal troops still occupied two states and he had to pull them.
The damn civil war and the Democrat slavocracy along with its appendages like the KKK gave us a horrendous civil war, national destruction, birthright citizenship, posse comitatus,
and the erosion of states’rights.
Posse Comitatus Act was directly created by the Democrat controlled Congress.
Yes, he did and I think that is what Posse is all about-—
firing on American citizens...is what it is all about.
Firing on immigrants is not covered by Posse.
“he has the duty !”
Precisely. As Commander in Chief, his primary duty is protection of our borders from any and all invaders, intruders, insurgents, trespassers.
Democrats will find a judge that says he doesn’t. Then like the travel ban and other immigration policy things will continue as before.
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