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 ...
He also has the authority to build a wall without the approval of the Rat/RINO treason party.
I was pretty frosted when I learned that our Military at the border are UNARMED!!!
The left is going to be cranky for a month.
Your point is enormously important. By following many of the injunctions issued by these District Judges the President risks dereliction of duty via compliance. It would be no excuse to say a District Judge issued a worldwide injunction that prevented me as Commander in Chief from carrying out my duties. Instead the rightful answer in such a case. would be impeachment.
Noncompliance in issues of national security. Get it! Let it sink in.
If Trump does not have the legal,constitutional, authority and duty to repel an illegal alien invasion, then Dwight D. Eisenhower did not have the legal authority to employ armed members of the 101st Airborne Division and the Arkansas National Guard to enforce federal court desegregation orders at Little Rock High School either.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.