night_son
Diamond Member
Let us reexamine presidential powers regarding federalization of the National Guard and use of Regular or Federal military forces, both on U.S. soil and against American Citizens.
The Insurrection Act of 1807
10 U.S.C. §§ 331-335
Sec. 333. Interference with State and Federal law
“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; or(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.”
OP Comments
Clearly our President would have been and would be operating within the constraints of his power if he decided to invoke Sec 333 of the Insurrection Act in order to force the governor of any state where coronavirus lockdowns have deprived citizens of their constitutional rights to restore them, immediately. Further, if said governor refused the President’s order then POTUS could, under Sec 333 deploy federalized National Guard units or regular military to enforce compliance.
Also under Sec 333 our President clearly has the power to invoke the Insurrection Act and call up military forces and deploy them to sanctuary cities and states for the purposes of restoring law and order in such places.
Sec. 332. Use of militia and armed forces to enforce Federal authority
“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.”
OP Comments
Under Sec. 332 our President very clearly has the power to legally and lawfully federalize National Guard units and deploy Regular military forces and order them to enforce laws in cities wherever the rioting mobs have overwhelmed local police departments, until order is restored.
Contrary to the popular belief of those who despise POTUS, the President does not need permission nor invitation by or from the governors of states where law and order has broken down or citizen’s rights have been infringed, in order to send in the troops, as described in Sec 331, which you can all look up and read for yourselves.
Conclusions? Donald Trump has demonstrated immense restraint and coolheadedness and mercy in dealing with the insurrection that has swept across our country. After giving the insurrectionists the order to disperse as described in Sec. 334 and had they refused to comply, he could have hit them with everything or anything in our military's arsenal—including drone strikes and armored divisions.
Last but not least? Dear Mr. President, you have proven your point about the utter barbarism and lawlessness of the radical left. The time to invoke the Insurrection Act is now. Please do so and bring to bear the full power of our military against these domestic insurgent enemies of our civilization. Do this, Mr. President and you will landslide into reelection come November. This, Mr. President is what we elected you to do . . . to protect us and defend our nation from all enemies foreign and domestic.
The Insurrection Act of 1807
10 U.S.C. §§ 331-335
Sec. 333. Interference with State and Federal law
“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; or(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.”
OP Comments
Clearly our President would have been and would be operating within the constraints of his power if he decided to invoke Sec 333 of the Insurrection Act in order to force the governor of any state where coronavirus lockdowns have deprived citizens of their constitutional rights to restore them, immediately. Further, if said governor refused the President’s order then POTUS could, under Sec 333 deploy federalized National Guard units or regular military to enforce compliance.
Also under Sec 333 our President clearly has the power to invoke the Insurrection Act and call up military forces and deploy them to sanctuary cities and states for the purposes of restoring law and order in such places.
Sec. 332. Use of militia and armed forces to enforce Federal authority
“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.”
OP Comments
Under Sec. 332 our President very clearly has the power to legally and lawfully federalize National Guard units and deploy Regular military forces and order them to enforce laws in cities wherever the rioting mobs have overwhelmed local police departments, until order is restored.
Contrary to the popular belief of those who despise POTUS, the President does not need permission nor invitation by or from the governors of states where law and order has broken down or citizen’s rights have been infringed, in order to send in the troops, as described in Sec 331, which you can all look up and read for yourselves.
Conclusions? Donald Trump has demonstrated immense restraint and coolheadedness and mercy in dealing with the insurrection that has swept across our country. After giving the insurrectionists the order to disperse as described in Sec. 334 and had they refused to comply, he could have hit them with everything or anything in our military's arsenal—including drone strikes and armored divisions.
Last but not least? Dear Mr. President, you have proven your point about the utter barbarism and lawlessness of the radical left. The time to invoke the Insurrection Act is now. Please do so and bring to bear the full power of our military against these domestic insurgent enemies of our civilization. Do this, Mr. President and you will landslide into reelection come November. This, Mr. President is what we elected you to do . . . to protect us and defend our nation from all enemies foreign and domestic.