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Protesters gathered the Trump administration’s “Day of Contempt” in hundreds of towns on Saturday. They have the First Amendment to express criticism of national policies. But if the protests escalate from speech to violence, President Donald Trump will have constitutional and legal powers that can use the troops to restore basic law and order.
Anti-ice riots Los Angeles The decisive presidential action must be fully demonstrated in the past week. Television news shows violent scenarios designed to hinder the enforcement of federal immigration laws. Protesters launched a riot to stop and force the entry of federal buildings, attacked federal officials and prevented Department of Homeland Security agents from arresting. They closed the highway and stopped traffic. The riots have spread to other cities such as Austin, Chicago, New York and Denver. The chaotic video on TV shows obvious efforts to prevent the DHS from arresting and deleting illegal foreigners under federal immigration laws.
In response, the President Donald Trump This week, 2,000 California National Guard and 700 Marines were called to Los Angeles. Democratic Governor Gavin Newsom did not welcome the federal aid recovery order, and he greeted the troops with hostility. He announced the deployment of “illegal acts, immoral acts, unconstitutional acts” and accused President Trump of taking on “the acts of a dictator rather than the president” and dared to arrest him by federal authorities.
From the Rodney King riot to today: When the President deploys troops within the United States
Contrary to the inflammatory rhetoric of Newsom and other California officials, the initial military deployment was in the president’s large country. Trump announced that the military’s mission is to temporarily protect “Federal Agents in Los Angeles” during the protests and protect federal property.
So far, Los Angeles has not collapsed into the chaos in Los Angeles in 1992. Today’s government has not replaced the states’ responsibility to maintain basic public safety. Instead, Trump is enforcing federal immigration laws. In fact, Arizona v. U.S. Supreme Court (2012) Announced The only one Federal officials can enforce immigration laws and policies.
this Supreme Court It has long been recognized that the President has the right to use the military to protect federal law enforcement officers who enforce federal laws. exist In neagle (1890), the Supreme Court upheld the use of force by a federal marshal who killed the attacker of the Supreme Court justice. Even if there is no law authorization to use force, the court ordered the release of the marshal:
We believe that this is an undisputed principle that the U.S. government can exercise its official force through its official agents to perform its power and functions on every foot of American soil. This must involve the power to obey the law and thus to have the right to maintain peace.
Because the Constitution entrusts the federal supremacy of matters it entrusts, the President has the right to protect the safety of the officials who carry out the matter.
Faced with the 19th century labor conflict, the Supreme Court expanded Neagle to include not only the protection of federal personnel, but its functions.
Jonathan Turley: Democrats’ fanatical anti-icy resistance to Trump in Los Angeles may backfire
In 1894, union organizers and workers tried to block all trains using Pullman Railroad, effectively stopping all trains across the country. President Grover Cleveland Order the U.S. military to prevent mail-carrying trains. exist In redebs (1895), the court approved these measures: “The whole force of the state can be used to enforce the full and free exercise of all state powers anywhere in the land, and the security of all rights conferred by the Constitution. The federal government can even use the military. Summary.
Congress approved this authority in Chapter 10 of the United States Code, which authorized the president to call the National Guard not only to the federal government in the event of an invasion or rebellion, but also to the extent that he “cannot enforce American laws.” This is in line with the exception to the POSSE COMITATUS Act, which generally prohibits the use of the military to engage in domestic law enforcement unless “exclusively authorized in the Constitution or Congressional Act.”
The President’s Use the Army Protecting federal personnel and facilities is defensive in nature. Force only appears when the thug attacks. However, President Trump has the right to transform this mission from a defense lawyer to an active immigration legal detention and overcome obstacles to justice. Congress granted such powers of intervention under the Uprising Act of 1807, granting the bill even without a governor’s agreement. To apply for the bill, the disease must be raised to a level of “resistance”, “opposing or hindering the enforcement of U.S. laws or obstructing the enforcement of judicial regulations under these laws.”
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Under the law, Dwight Eisenhower sent the armed forces to Little Rock when Arkansas Gov. Orville Faubus refused to cancel the city’s public schools. President George HW Bush cited law to send troops to restore Los Angeles orders in California Gov. Pete Wilson 1992 Rodney King Riot. President Trump could invoke the Insurgency Act and should spread the chaos beyond attacks on Ice and Homeland Security officials and facilities to collapse more broadly with a law and order.
Critics will suggest that racial motivation is happening because Trump allegedly targets illegal foreigners, his ethnic minority communities and downtown Blue. But the power to protect the federal government and enforce the law is color blindness. President After the 1950s, the President used these same authorities to cancel Southern schools Brown v. Education Commission and protect civil rights protesters in the 1960s. Congress initially banned the use of federal forces for law enforcement because the South demanded an end to the union occupation after the Civil War (the end of the reconstruction was one of the biggest failures in Washington, D.C.).
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If critics want the federal government to have the right to enforce civil rights laws against stubborn nations, they must also recognize President Trump’s power to enforce federal immigration laws.
If the protesters, California officialsDemocratic leaders want to change immigration policies, the answer is not to hinder the agenda approved by the federal government in the last election. Instead, they should rely on the tools bequeathed by the founders: Congress’ power over funding, legislation and supervision, the national political system, and ultimately elections.
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