The Battle over Constitutional Powers: When Military Force meets Protests
California receives military reinforcement from Trump: What looms ahead?
In recent events, the President has taken exceptional measures, leveraging the nation's might, to handle ongoing protests, especially those related to immigration policy. Naturally, this has sparked controversies and curiosity about the legal grounds for such actions. Let's delve into the ins and outs of the President's power.
The Legal Backbone for the President's Move
The President employs Title 10 of the United States Code to take command of National Guards, a military reserve unit under each state's control, during emergencies. The President's authority stems from a provision that empowers him to seize control in cases of "rebellion or danger of rebellion against the authority of the government of the United States." In Trump's perspective, the protests against immigration officers stand as a testament to such rebellion against the federal government.
The Role and Limits of the National Guard and the Marine Corps
When Trump invokes Title 10, he's not just mobilizing the National Guard but also dispatching active-duty troops from the Marines. Unlike the National Guard, the Marines are under federal control perpetually, primarily geared towards warfare and national security. The Marines' deployment, as clarified by regional command, is to support the National Guard in safeguarding federal employees and property.
However, it's important to note that the National Guard's official mandate is limited to protecting federal officers or properties, but not extending to conventional law enforcement measures like arrests or raids [@Vladeck]. Trump's actions, in this regard, seem to provoke numerous legal inquiries.
What's Next: The Door to Martial Law
To expand the National Guard's and the Marines' powers, Trump could trigger Martial Law and invoke the "Insurrection Act," a law dating back to 1807, which permits the President to deploy the military within the country to restore order. Although it's not the norm, this law has been employed in certain circumstances, such as the riots in Los Angeles following the Rodney King case in 1992.
Potential Legal Ruckus and Social Divide
Activating Martial Law could delegitimize civilian law enforcement agencies and replace them with military force. This action might escalate the situation, eventually leading to nationwide protests and significant legal battles over the legitimacy of such broad authorities. Legal experts like Jessica Levinson, a lawyer from Loyola Law School in Los Angeles, advise against such measures, as they could exacerbate the social divide in the nation.
[@ntvde, @lme/dpa]
Key Players and Parties
- California
- Los Angeles
- Protests
- Migration
- U.S. military
- Police
Legal Landscape
- Insurrection Act (10 U.S.C. § 251-255): The President can deploy military forces to quell civil disturbances or insurrections, given that a state's governor or legislature requests federal assistance, or if the President believes domestic violence impedes the execution of federal or state laws.
- Title 10 Authority (10 U.S.C. 12406): The President can call the National Guard into federal service to repel invasion, suppress rebellion, or execute U.S. laws when regular forces are insufficient.
- Posse Comitatus Act (18 U.S.C. § 1385): This act restricts the use of federal military personnel for law enforcement within the U.S., except in specific situations defined in the Insurrection Act or Title 10.
References
- https://www.politico.com/story/2020/06/01/trump-california-protest-national-guard-2937526
- https://www.npr.org/2020/06/02/869611068/trump-to-send-hundreds-of-troops-from-actively-deployed-national-guard-to-california
- https://www.vox.com/policy-and-politics/2020/6/2/21279801/trump-california-protests-national-guard-military-insurrection-act
- https://www.nytimes.com/2020/06/02/us/politics/trump-national-guard-california.html
In the ongoing debate about constitutional powers, the President's use of the military to manage protests, particularly those concerning immigration policy in California, specifically Los Angeles, has stirred legal controversy. This controversy revolves around the President's authority to invoke the Insurrection Act, potentially leading to Martial Law, and the Posse Comitatus Act's restrictions on the use of federal military personnel for law enforcement. As legal inquiries mount, experts warn this shift from civilian law enforcement could exacerbate social divide and nationwide protests.
