task0778
Diamond Member
There's been a lot talk about Trump sending in NatGuard or even Active duty troops into places like Seattle to quell riots and looting. He does have some power to do this but it has to rise to the level of insurrection that prevent the enforcement of the law.
Under the Constitution, the primary responsibility for criminal law enforcement lies with the states, not the federal government. Maintaining law and order and protecting public health and safety fall squarely within the “police powers” reserved to the states under the Tenth Amendment. While the federal government plays a significant role in regulating interstate crime and sending money and support to states, the Constitution gives Washington, D.C., no explicit power to handle garden variety crime.
But President Trump has constitutional power when violence rises beyond the resources of state and local authorities.
www.foxnews.com
Problem #1: what's going on in Seattle does not rise above the resources of the city and state. Not yet anyway.
The Constitution also gives Congress significant powers to quell disturbances. Article I, Section 8 authorizes Congress to “provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.” In the Insurrection Act of 1807, Congress authorized the president to use troops in response to rioting that rises to the level of an “insurrection” that “opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.”
Presidents have long used these authorities in response to large civil disturbances.
In 1794, George Washington called for the state militias to put down the Whiskey Rebellion. The most famous case was Abraham Lincoln’s deployment of federal forces against the Confederacy at the outbreak of the Civil War. Under the Insurrection Act, Dwight Eisenhower sent the 101st Airborne when Arkansas Gov. Orville Faubus refused to desegregate Little Rock’s public schools. In 1992, President George H.W. Bush sent troops to help restore order in Los Angeles during the Rodney King riots. (same FoxNews link)
Problem #2: There's some question as to the Seattle situation is a large enough civil disturbance.
Seattle so far does not seem to have risen to the level of the Rodney King riots or the severe looting and destruction in New York City, Los Angeles and San Francisco. Trump should only introduce troops when the violence grows beyond the ability of the states to protect public health and safety. Federal intervention will be difficult, if not impossible, if governors and mayors resist it; their cooperation is critical for U.S. troops to succeed. (same FoxNews link)
Problem #3: The level of violence does not yet appear to be beyond the ability of the state and city to deal with it. The governor can call up the Washington NatGuard, it's really his responsibility to do so. If it gets to the level of the 1992 Rodney King riots n LA, then that's a different story.
There's a saying in politics: you get the gov't you deserve. Cuz you voted them in. And you kept them in office. Welp, it's time to pay for your mistakes.
Under the Constitution, the primary responsibility for criminal law enforcement lies with the states, not the federal government. Maintaining law and order and protecting public health and safety fall squarely within the “police powers” reserved to the states under the Tenth Amendment. While the federal government plays a significant role in regulating interstate crime and sending money and support to states, the Constitution gives Washington, D.C., no explicit power to handle garden variety crime.
But President Trump has constitutional power when violence rises beyond the resources of state and local authorities.
John Yoo: Seattle unrest – Does Trump have the power to intervene? Should he?
Seattle police apparently have ceded the area, evacuated the police station, and will not return except to respond to a 911 call.
www.foxnews.com
Problem #1: what's going on in Seattle does not rise above the resources of the city and state. Not yet anyway.
The Constitution also gives Congress significant powers to quell disturbances. Article I, Section 8 authorizes Congress to “provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.” In the Insurrection Act of 1807, Congress authorized the president to use troops in response to rioting that rises to the level of an “insurrection” that “opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.”
Presidents have long used these authorities in response to large civil disturbances.
In 1794, George Washington called for the state militias to put down the Whiskey Rebellion. The most famous case was Abraham Lincoln’s deployment of federal forces against the Confederacy at the outbreak of the Civil War. Under the Insurrection Act, Dwight Eisenhower sent the 101st Airborne when Arkansas Gov. Orville Faubus refused to desegregate Little Rock’s public schools. In 1992, President George H.W. Bush sent troops to help restore order in Los Angeles during the Rodney King riots. (same FoxNews link)
Problem #2: There's some question as to the Seattle situation is a large enough civil disturbance.
Seattle so far does not seem to have risen to the level of the Rodney King riots or the severe looting and destruction in New York City, Los Angeles and San Francisco. Trump should only introduce troops when the violence grows beyond the ability of the states to protect public health and safety. Federal intervention will be difficult, if not impossible, if governors and mayors resist it; their cooperation is critical for U.S. troops to succeed. (same FoxNews link)
Problem #3: The level of violence does not yet appear to be beyond the ability of the state and city to deal with it. The governor can call up the Washington NatGuard, it's really his responsibility to do so. If it gets to the level of the 1992 Rodney King riots n LA, then that's a different story.
There's a saying in politics: you get the gov't you deserve. Cuz you voted them in. And you kept them in office. Welp, it's time to pay for your mistakes.
