That is what Eisenhower was doing by enforcing what the Supreme Court said the law was and what a Federal Court ordered, and the state was clearly not complying with that order. I am glad that Eisenhower acted. I watched what was going on in Little Rock a thousand miles away on TV as it was happening - I was with a fellow fraternity brother who had graduated from Central High School three or four months before Eisenhower acted.
How does the integration law differ from other Federal laws that deal with civil rights, property rights, protection of property, and the protection of the physical person from harm? These have been violated by the mobs all over the country in recent days and are essentially being ignored by some apparently helpless, or intentionally so, governors and mayors. Shouldn't the President make sure that Federal laws that deal with such issues are enforced? Aren't they just as valid as the integration law? Does the President have to wait until a court order is ignored or fought against by local officials?
I looked up one of the Force Bills of 1871, which is still in force apparently. It was entitled, "An act to enforce the Provisions of the Fourteenth Amendment to the Constitution of the United States, and for other Purposes."
Here is a link to it: Link.
I extract the following text from it [red bold highlight is mine]:
. . . or shall conspire together, or go in disguise upon the public highway or upon the premises of another for the purposes, either directly or indirectly, of depriving any person or any class of persons of the equal protection of the laws, or of equal privileges or immunities under the laws, or for the purpose of preventing or hindering the constituted authorities of any State from giving or securing to all persons within such State the equal protection of the laws, or shall conspire together for the purpose of in any manner impeding, hindering, obstructing, or defeating the due course of justice in any State or Territory, with intent to deny any citizen of the United States the due and equal protection of the laws, or to injure any person in his person or his property for lawfully enforcing the right of any person or class of persons to the equal protection of the laws, each and every person so offending shall be deemed guilty of a high crime, and upon conviction thereof in any district or circuit court of the United States or district or supreme court of any Territory of the United States having jurisdiction of similar offenses, shall be punished by a fine not less than five hundred nor more than 5,000 dollars, or by imprisonment, with or without hard labor, as the court may determine, for a period of not less than six months nor more than six years, as the court may determine, or by both such fine and imprisonment as the court shall determine. . . .
I don't see the word President in that bill, but I have seen it stated online, "The Third Force Act, dated April 1871, empowered the president to use the armed forces to combat those who conspired to deny equal protection of the laws and to suspend habeas corpus, if necessary, to enforce the act."
The Act deals primarily with the enforcement of the Fourteenth Amendment. It was necessary to stop some of the violence occurring during the time. The first part of the Fourteenth Amendment reads as follows:
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What make the 1957 case different? Was it that the governor was actually obstructing the law from being upheld? Should Trump step in to enforce the protection of lives and property not being handled well at all by some governors and mayors. At least, Trump is threatening to take action against those who destroy statues.
What make the 1957 case different?
What distinguishes the 1957 case is Eisenhower was enforcing an order of a Federal court. Ike was assisting the Federal court marshals, or making believe and using that as a fig leaf for legality. In any case, there was no lengthy involvement for the airborne unit.
The primary law for domestic violence is the Federal Constitution, Article 4, Section 4,
The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
There has been no application by a state legislature. Recall George W. Bush delaying entry into Louisiana after Katrina, waiting on the State invite. There is no Federal law or Federal court order involved. While the President sees that the laws are enforced, that is in reference to the Federal laws. Lincoln purported to act because enforcement of the Federal tax laws were being interfered with by combinations of persons, not a state or municipality. As soon as Federal troops are inserted, lawsuits will be filed.
Trump moved in the District of Columbia where he did not need a State invitation.
There is also the consideration that the Dems want to goad Trump into sending in troops to create an election issue. They want to use the troops as props. Tey will keep them there until election day if they could. The lads in Northern Ireland kept the British soldiers busy for years. As a political matter, it is better for now to let the people see what a Dem-led future might look like.
When Trump just just stationed some troops in the area around D.C., the general took away their hardhats, guns and ammo. I would not want to go anywhere as a military presence except with a show of overwhelming force; such that nobody would be stupid enough to start a fight. I would not want any part of that good will ambassador crap. If the troops are deployed, they must be able to use force.
One thing for sure — we are in strange times. I have never before witnessed this particular crazy.