Trump Takes Over: President's Unprecedented Move Sends Soldiers to Cali - What's Next?
California faces an uncertain future as Trump deploys military forces – potential ensuing developments.
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In a surprising turn of events, the Commander-in-Chief has grabbed the reins of California's National Guard without the state governor's consent. The President's actions don't stop there, as he's also dispatched army troops to Los Angeles amidst ongoing protests against his immigration policies. This move, though not unheard of in the annals of U.S. history, is considered a breach of protocol and raises some legal questions. Here's what's cooking:
The Legal Lowdown
Trump has got himself in the driver's seat of California's National Guard under the gist of Title 10 of the United States Code. Normally, the states control their own National Guard, a military reserve unit under the U.S. armed forces. Each state's National Guard can be called upon for emergencies, like natural disasters or internal unrest.
Politically Speaking Reporter Narrates LA Scene: "Caught Between Yelling Police and Protesters" The Prez is backing the National Guard takeover, citing a Title 10 provision that allows him to take charge when the feds face rebellion or the threat of it. He claims that the protesters are rebelling against our fair government.
This move is a rare one. It's the first time since 1965 that a President has taken charge of a state's National Guard without the governor's endorsement. Back then, President Lyndon B. Johnson also deployed regular soldiers to Alabama during the civil rights movement to safeguard mostly black protesters.
Who's Who: National Guard vs. Marines
On Monday, the Pres brought 700 Marines to LA. Unlike the National Guard, the military is always under federal control and focuses on warfare and national security.
Politically Speaking Presidential Pushback Against Governor: Troops Sent by Trump Take Position in L.A. Unclear why, but the feds appear to be using the Marines to back up the National Guard forces that are already in action, protecting federal employees and property. This seems to align with experts' views on the National Guard's remit, which doesn't extend to regular law enforcement duties such as arrests and raids.
Legal Landscape LA Expert: "Trump is Pushed to the Limit of the Law"
The Next Level:
To expand the National Guard and likely the Marines' powers, Donnie would need to declare a kind of martial law and invoke the "Insurrection Act." This 1807 law allows the prez to deploy the military domestically for law enforcement to restore order.
Politically Speaking Trump's Tactics Tough for Critics: "He's Just Looking for an Excuse" The Insurrection Act hasn't been used since 1992, following the LA riots after officers were found innocent in the beating of Rodney King. Unlike today, though, both the California governor and Los Angeles mayor requested federal assistance from President George H.W. Bush at the time.
Trump has already threatened to deploy the military in his own country. He keeps dropping hints about invoking the "Insurrection Act" during protests against racism and police violence following George Floyd's death. He's still not ruled it out.
Activating the Act
Applying martial law could see military forces taking over law enforcement duties in California, potentially arresting protesters or conducting raids. Invoking the "Insurrection Act" would likely fuel the political and social divide and escalate tensions. Nationwide protests might follow.
LA Law Professor's Take: "Everyone Should Pause When the President Measures His Powers"
- California
- Los Angeles
- Protests
- Migration
- U.S. military
- Police
*Enrichment Data:
If President Trump invokes the "Insurrection Act" in California, he would face several legal barriers. The Act only allows military involvement in cases of domestic violence, insurrections, or rebellions against U.S. authority and when the states are unable to respond effectively. However, the situation in California doesn't yet meet these conditions.
Invoking the Act could also infringe on state sovereignty as it violates the Tenth Amendment, which upholds states' rights and limited federal power. Moreover, it may trigger the Posse Comitatus Act, which restricts the military's role in domestic law enforcement except in specific circumstances such as insurrection.
Despite the potential legal hurdles, Trump would not be the first president to invoke the "Insurrection Act." Presidents Washington, Jackson, Lincoln, and Johnson all used it during different periods of domestic unrest. However, it is uncertain whether Trump can maintain public support during such polarizing times.
If Trump does proceed with invoking the "Insurrection Act," it will likely spark widespread protests, civil disobedience, and potential lawsuits challenging the federal government's authority. Political tensions could reach new heights, leading to further polarization in the nation.
- The ongoing protests against President Trump's immigration policies in Los Angeles, California, have escalated to a point where the President has dispatched both the National Guard and Marines to the area, potentially infringing on state sovereignty as per the Tenth Amendment.
- If President Trump decides to invoke the "Insurrection Act" in California, he would face several legal barriers, including the Act only allowing military involvement in cases of domestic violence, insurrections, or rebellions against U.S. authority and when the states are unable to respond effectively. However, the current situation in California doesn't yet meet these conditions.
