What is the legality of Trump's National Guard actions?

[Etymology gaslight]

The president is supposed to be subordinate to the Constitution, law, Congress, the courts, etc.

Nobody is subordinate to the Constitution or the declaration of Independence.
It used to be that way.

 

[Rigby5]

Good advice. I hope he isn't spurring anyone on.

He'll wind up on Youtube in an orange outfit (and won't that piss him off ).

If more people had protested Vietnam sooner, we could have saved over 3 million lives.
If more people had protested the illegal invasion of Iraq, we could have saved half a million lives.

The line ICE has crossed by not providing judicial due process, threatens everyone.
It makes this a dictatorship instead of a republic.

 

[playtime]

legal, but not ethical not was protocol honored. donny is the ultimate authori-tay over the NG, but federalizing them is normally done by going thru the governor first.

 

[Rigby5]

They're also trained not to kill.
Nobody wants to fight but someone needs to know how.

They're not enforcing laws they're enforcing riot control.

Beyond California
there's a whole other country in danger right now.

Wrong.
Soldiers are not trained "not to kill".
Vietnam, napalm, agent orange, B-52 raids on the north, etc. are proof of that.
In fact, we murdered half a million innocent Iraqis when they basically surrendered without a fight.

The only "danger" comes from ICE and their deliberate bypass of judicial due process.

 

[Rigby5]

legal, but not ethical not was protocol honored. donny is the ultimate authori-tay over the NG, but federalizing them is normally done by going thru the governor first.

The National Guard is supposed to just be the state militia originally.
The president is not supposed to be their ultimate authority.

An emergency is supposed to have to be declared first, and congress is supposed to have a say in that.

 

[Rigby5]

Title 10 authority same thing Ike used in Little Rock.

Eisenhower declared an insurrection, Trump did not because he could not.

Eisenhower was empowered by the harm segregation was causing to Blacks.
Trump has no such empowering need to protect anyone.

 

[Rigby5]

You are the only one who thinks that... every legal expert has said he doesn't stand a chance... the president of the United States has more power than the left thinks...he has a sworn duty to defend the people...

President are sworn to protect all people, not just citizens.

 

[playtime]

Nobody is subordinate to the Constitution

wrong. the constitution is the law of the land.


& NO one is above the law. but of course, right now it's being shit on by donny & his supremes who gave him immunity whilst being prez. but that certainly can change. will it?

lol ... not the way his fascist orange ass is directing his admin to carry it all out.

or the declaration of Independence.

that document honors the constitution.

It used to be that way.

because of roberts, alito, thomas, gorsuch, kavanaugh, & the hand maid.

 

[jknowgood]

Not within presidential authority.

They are attacking federal officers. Yes, he has the authority.

 

[playtime]

The National Guard is supposed to just be the state militia originally.
The president is not supposed to be their ultimate authority.

that has changed

An emergency is supposed to have to be declared first, and congress is supposed to have a say in that.

10 U.S. Code § 12406 - National Guard in Federal service: call​

• U.S. Code
• Notes

Whenever—
(1)
the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
(2)
there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
(3)
the President is unable with the regular forces to execute the laws of the United States;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2994; amended Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440.)

10 U.S. Code § 12406 - National Guard in Federal service: call

 

[Etymology gaslight]

If more people had protested Vietnam sooner, we could have saved over 3 million lives.
If more people had protested the illegal invasion of Iraq, we could have saved half a million lives.

The line ICE has crossed by not providing judicial due process, threatens everyone.
It makes this a dictatorship instead of a republic.

First of all I love your spirit and thank you for actually hosting something substantive
A lot of the time you have to run between the drops around here.


Ice has crossed any lines if they did the other two branches are bound,
By order of the Constitution just step in.

This is also why Supreme Court justices are so old.

I was 10 years old during Vietnam every morning I have coffee with a gentleman who lost his brother in 1970 ish
he volunteered,
Served on the Hope,
I have another friend that was just coming on Deck
was a brown shirt (plane captain)
on the Forrestal.

He's in that video

They have given me such knowledge and introspection
about Vietnam and I'm really glad I know them both.

 

[theHawk]

Biden did nothing.
You were complaining Biden did something worse.
There is nothing Biden did that compares at all, that I know of.
What are you referring to then that Biden did?

Funny liberals were asking Biden to Activate the Texas National Guard to remove razor wire at the border.

And leftoid Newsweek said he had the authority to do just that.

What happens if Joe Biden tries to take over Texas National Guard?

The president is in a Constitutional stand-off with Texas Gov. Greg Abbott following the recent Supreme Court razor wire ruling.

www.newsweek.com

 

[Etymology gaslight]

Funny liberals were asking Biden to Activate the Texas National Guard to remove razor wire at the border.

And leftoid Newsweek said he had the authority to do just that.

What happens if Joe Biden tries to take over Texas National Guard?

The president is in a Constitutional stand-off with Texas Gov. Greg Abbott following the recent Supreme Court razor wire ruling.

www.newsweek.com

Did Joe Biden know about this ?

It's ridiculous
the double standard is coming to an end in Los Angeles.

It's like Edward Albee
or Ibsen.

People are tired for paying for peaceful rallies out of their paycheck.

 

[theHawk]

that has changed

10 U.S. Code § 12406 - National Guard in Federal service: call​

• U.S. Code
• Notes

Whenever—
(1)
the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
(2)
there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
(3)
the President is unable with the regular forces to execute the laws of the United States;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.
(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2994; amended Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440.)

10 U.S. Code § 12406 - National Guard in Federal service: call

Boom.


It clearly states he can do it just to execute laws if he is unable to with regular forces.

 

[EvilCat Breath]

Your cult like devotion is duly noted

I lived with them. They were my neighbors, coworkers, they shoplifted at the stores I tried to shop at. They abandoned their dogs at the same park I walked my dog at. This is not some esoteric issue that happened miles away to someone else. I lived with them for decades. Even when I moved, they crept in like some kind of poisonous fungus.

 

[M14 Shooter]

Funny liberals were asking Biden to Activate the Texas National Guard to remove razor wire at the border.
And leftoid Newsweek said he had the authority to do just that.

1: Biden is a Democrat
2: Removing the wire makes it easier for illegals to get in.
Surely, this clears things up.

 

[Rigby5]

ICE is not doing anything different from what they have always done... under every president including Obama... our government is useless if they can't defend our borders the people and property of this nation...
This would not be happening if Joe didn't open the border...

WRONG!
All other presidents followed judicial due process, protect DACA, skip when there are anchor babies, etc.
This is the first time these millions tax paying residents are being threatened with deportation.

 

[Etymology gaslight]

Boom.


It clearly states he can do it just to execute laws if he is unable to with regular forces.

There is no question of law.

Only radicals expecting
to dodge there meaning.

Again
we had no law for 4 years.

Like starting the car when it's 40 below. (For my Canadian friends)

 

[theHawk]

1: Biden is a Democrat
2: Removing the wire makes it easier for illegals to get in.
Surely, this clears things up.

Yup. They literally wanted Biden to activate the guard so he could command them.

There was no question Biden could legally do it. The reasons were just morally wrong, he wanted to use them to open the borders even more.

 

[Rigby5]

How is ICE causing these people to riot?...

By illegally demanding ID, arresting them, deporting them without hearings, deporting DACA, breaking up anchor baby families, etc.