He not only has authority, he has the duty !
And the courts have nothing to do with this.
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.
Read more at washingtonexaminer.com...
And the courts have nothing to do with this.
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.
Read more at washingtonexaminer.com...
