Trump threatens to put ‘regular military’ in Chicago to ‘straighten it out’ — and says New York City is after that

What part of the Constitution is being violated?
Amendment XIV
Section 1.
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
 
The Posse Comitatus Act of 1878 generally prohibits the use of the U.S. Army, Air Force, Navy, Marine Corps, and Space Force to execute domestic civilian laws, unless expressly authorized by the Constitution or an act of Congress. While a significant safeguard for civil liberties, the law has numerous exceptions and has been the subject of debate regarding its effectiveness in limiting military involvement in law enforcement.

Purpose and History
  • Origin:
    The Act was enacted after the Civil War to prevent the military from being used to suppress lawlessness in the Southern states and to reinforce civilian control over law enforcement.
    • Definition:
      A "posse comitatus" refers to a group of people mobilized by a sheriff to enforce the law, and the Act prevents the use of federal military forces in this capacity.
Scope of the Act
    • Covered Branches:
      The Act originally applied to the Army but was expanded by amendments to also include the Air Force, Navy, Marine Corps, and Space Force.
    • Key Prohibition:
      It prohibits federal armed forces from performing tasks typically assigned to civilian law enforcement, such as making arrests, conducting searches, or seizing evidence.
Exceptions and Loopholes
    • Specific Legislation:
      .

      There are existing laws that provide for military assistance in specific circumstances, such as counter-narcotics operations or responses to chemical and biological weapons of mass destruction emergencies.
    • The Insurrection Act:
      .
      This separate act allows the President to deploy the military to respond to insurrections or other serious emergencies when authorized by Congress or the Constitution.
In DC?
 
What part of the Constitution is being violated?

A federal district court judge in New Hampshire issued an injunction against President Donald Trump’s executive order to eliminate birthright citizenship, and held that a group of noncitizens suing the government have class action standing to sue.

Judge Joseph Laplante’s decision will stop the executive order from taking effect July 27 in New Hampshire and other states that don’t currently have injunctions, but the decision has been stayed until July 17 to allow the government to appeal, he announced in court Thursday
 
What part of the Constitution is being violated?
 
The insurrection act would seem to be the only way that the president can send troops into a city

Like when there is a riot, the governor or mayor can request it.

It seems to me that Trump should not be able to do this based on his interpretation of too much crime.

He is putting armed troops in the street much like a dictator.

I wonder if the major or governor can refuse the effort by Trump

Anyway after Trump , congress probably needs to review what powers the president should have

Yeah if the governor calls for help then that would be a reason.

But for the president to send troops into the cities then there has to be a major issue like riots. To much crime is not an excuse. NYC has had to much crime for years but no president has sent in troops.

Are the troops going to be there forever in order to fight crime.



I smell a lawsuit and let the courts decide instead of one man who is power hungry.
 
What part of the Constitution is being violated?

The President’s Authority as Commander in Chief​

Article II, Section 2 of the Constitution designates the President as “Commander in Chief of the Army and Navy of the United States.” This clause is the foundation of the president’s military authority to command the armed forces and is understood to confer the power to repel sudden attacks against the U.S. or its military.

Sending them into cities without being asked would seem to be stretching his powers. HIs power of comander and chief is for sudden attacks by other countries.
 

The President’s Authority as Commander in Chief​

Article II, Section 2 of the Constitution designates the President as “Commander in Chief of the Army and Navy of the United States.” This clause is the foundation of the president’s military authority to command the armed forces and is understood to confer the power to repel sudden attacks against the U.S. or its military.

Sending them into cities without being asked would seem to be stretching his powers. HIs power of comander and chief is for sudden attacks by other countries.
Who defines to much crime. Is it the mayor or governor or the president?

crime has been around for ages and how will Americans react to troops in the street.

Yes if there are riots then the governor can request help.
 
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The President’s Authority as Commander in Chief​

Article II, Section 2 of the Constitution designates the President as “Commander in Chief of the Army and Navy of the United States.” This clause is the foundation of the president’s military authority to command the armed forces and is understood to confer the power to repel sudden attacks against the U.S. or its military.

Sending them into cities without being asked would seem to be stretching his powers. HIs power of comander and chief is for sudden attacks by other countries.
As I just posted in another (similar) thread:

At first, I was curious how President Trump could use the National Guard to temporarily “take over” the DC Police Department. But I quickly saw a post, on this Board, which pointed to a specific section of the DC Home Rule Act.

As to Chicago, obviously, that provision doesn’t apply. So I wondered what law (if any) would serve as a similar exception to the Posse Comitatus Act.

As it turns out, there is such a Congressionally passed law authorizing such an action (in support of the residents of Chicago). It is the Insurrection Act. Specifically:


One of the exceptions to the Posse Comitatus Act is when the President determines that people are being deprived of constitutional rights, and state authorities cannot or will not protect them (10 U.S.C. § 253).

One may disagree with the possible “determination” likely to be made by President Trump in the case of Chicago. That’s neither here nor there, however. The authority exists as an exception to the Posse Comitatus Act.

And crime stats there surely support such a determination.

And no, this does not mean that we are confronting the beginnings of fascism or the contention that our President “is” supposedly a “fascist.”

It means that common sense is asserting itself in the matter of working to secure the lives of the residents of Chicago.
 
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The insurrection act would seem to be the only way that the president can send troops into a city

Like when there is a riot, the governor or mayor can request it.

Wrong. To address this topic, one must consider all the provisions of the Insurrection Act.

One of the exceptions is spelled out at 10 U.S.C. Section 253: it says that the President determines that if people are being deprived of constitutional rights, and state authorities cannot or will not protect them (10 U.S.C. § 253).

See: 10 U.S. Code § 253 - Interference with State and Federal law
 
As I just posted in another (similar) thread:

At first, I was curious how President Trump could use the National Guard to temporarily “take over” the DC Police Department. But I quickly saw a post, on this Board, which pointed to a specific section of the DC Home Rule Act.

As to Chicago, obviously, that provision doesn’t apply. So I wondered what law (if any) would serve as a similar exception to the Posse Comitatus Act.

As it turns out, there is such a Congressionally passed law authorizing such an action (in support of the residents of Chicago). It is the Insurrection Act. Specifically:


One of the exceptions to the Posse Comitatus Act is when the President determines that people are being deprived of constitutional rights, and state authorities cannot or will not protect them (10 U.S.C. § 253).

One may disagree with the possible “determination” likely to be made by President Trump in the case of Chicago. That’s neither here nor there, however. The authority exists as an exception to the Posse Comitatus Act.

And crime stats there surely support such a determination.

And no, this does not mean that we are confronting the beginnings of fascism or the contention that our President “is” supposedly a “fascist.”

It means that common sense is asserting itself in the matter of working to secure the lives of the residents of Chicago.

Yet the definition of this act is pretty clear

a federal statute prohibiting use of the military in civilian law enforcement.

Trump the fool clearly states they are to support law enforcement.

The Army is responsible for the creation of the Posse Comitatus Act. Congress created this legislation in response to the military’s occupation of the former Confederate States during Reconstruction (1865-1877). During the Compromise of 1877, Republicans agreed to withdraw federal troops from Florida, Louisiana, and South Carolina in exchange for the states certifying Rutherford B. Hayes as the next President of the United States. This came after Samuel J. Tilden, a Democrat from New York, had beaten Hayes fair and square in the election.

Which is what Trump is doing and clear states to support law enforcement.

Seriously who wants military in the streets as this is the sign of a military state.

You know who else likes military in the streets. Communists

We can see where Trump got this idea from which would be his buddy Putin.


 
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Yet the definition of this act is pretty clear

a federal statute prohibiting use of the military in civilian law enforcement.

Which is what Trump is doing and clear states to support law enforcement.
“This” law?

Are you speaking of the Posse Comitatus Act which comes with some exceptions INCLUDING those authorized by Congressional Act. The Insurrection Act is just such a Congressional Act.

And the Insurrection Act permits THE PRESIDENT to make the determination about whether the State is either unable or unwilling to secure the local residents their rights.

It doesn’t say that it must secure your agreement.

You really cannot reasonably cite the law while ignoring that provision.
 
“This” law?

Are you speaking of the Posse Comitatus Act which comes with some exceptions INCLUDING those authorized by Congressional Act. The Insurrection Act is just such a Congressional Act.

And the Insurrection Act permits THE PRESIDENT to make the determination about whether the State is either unable or unwilling to secure the local residents their rights.

It doesn’t say that it must secure your agreement.

You really cannot reasonably cite the law while ignoring that provision.

Yet you seem to think that the situation is at that level.

There are no riots.

This is trump using the military as police men

Military has a police force which primary mission is police work. The other military personnel do no do police work.

So know military police who have jobs protecting the base and deal with other stuff will be pulled from their primary assignments to patrol the streets instead of the military base.

The key world is ressurection. There is no ressurection going on.

So you have untrained military who are now policement. I wonder how that will work out.
 
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