August 04, 2020
NBC asks:
Does Trump Have the Right to Send Federal Agents to Quell Violent Protests?
IF Trump does not have that right then Lincoln didn't have it either, meaning the Federal government must immediately pull out of all the states that seceded from the Union.And Lincoln based his authority on the Insurrection Act of 1807.
Article II Sect. III states:
" he shall take Care that the Laws be faithfully executed". Well, how can he do that when the laws are not faithfully being executed in places like Seattle and Portland?
Here is a brief excerpt from the NBC article:
"The Whiskey Rebellion was a gradual uprising in rural western Pennsylvania...
"The governor and other Pennsylvania state officials met with Washington and told him federal intervention was unnecessary; state authorities could handle the riots. Washington then promptly ignored local officials, mobilized over 12,000 troops, sent them in and started making arrests."
So there is considerable legal precedent to take action in this. Whether it be the Whiskey Rebellion or the Civil War or the sending of Federal troops to enforce school integrations during the Jim Crow era, there is ample legal precedent for the President to take action.And don't forget; Bill Clinton and Barack Obama both sent in Federal agents to impose their will on certain people, like David Koresh or Cliven Bundy or Randy Weaver or Elian Gonzalez.
It's never been a question until now.
Posted by: Timothy Birdnow at
12:11 PM
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Lots of people are already yammering about posse commitatus without, of course, having any idea what it's all about. You can bet your boots that Mr. Trump will be very careful not to go overboard on this.
Posted by: Dana Mathewson at August 04, 2020 02:19 PM (nXsg9)
They want an "incident" so they can say Trump is trying to take over. Sort of like Palpatin in Star Wars III, Revenge of the Sith.
Posse Comitas is not even a law but more a suggestion. where law enforcement is concerned. It was signed by Rutherford B. Hayes to end Reconstruction, and it limits - not bans - the use of the military inside the given states. There is nothing in it that prevents the President from using the military during a national emergency or to aid in law enforcement. Most people think it does, but most people would be wrong. Of course, often what people incorrectly is by defaul the prevailing interpretation, alas. Most people think the Establishment Clause bans religion from public schools, for instance, and so the Courts have generally gone along with that even though it is absolutely not the case. But people think it is and the courts have followed that opinion.
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