Federal Administration's Threat of Deploying Troops in U.S. Urban Hubs:area leader Krasner, religious figures challenge this action

Federal Administration's Threat of Deploying Troops in U.S. Urban Hubs:area leader Krasner, religious figures challenge this action

In the ongoing debate surrounding the deployment of National Guard and federal troops in major cities, the legal basis for such actions primarily comes from two sources: the Insurrection Act and provisions under Title 10 of the U.S. Code.

Key Legal Authorities and Conditions

1. Insurrection Act:
2. This statute allows the president to federalize the National Guard or deploy federal troops domestically without state governor consent. It can be invoked in cases of rebellion, insurrection, or when states cannot enforce federal laws or suppress unlawful obstruction to federal functions.
3. Title 10 of the U.S. Code:
4. Under Title 10, the president can federalize the National Guard but generally must do so with the cooperation of the state governor. If the governor refuses, the president may instead invoke the Insurrection Act to bypass the requirement and federalize troops.
5. District of Columbia Exception:
6. The D.C. National Guard reports directly to the president, allowing for easier deployment within the nation's capital. However, federal control over D.C. law enforcement is limited to certain statutory provisions and temporary uses.
7. Tenth Amendment and State Authority:
8. Outside of D.C., the Tenth Amendment protects state sovereignty by generally prohibiting the federal government from commandeering state agencies, including local police, to enforce federal law.

In the Context of Philadelphia

• Philadelphia, being in Pennsylvania, a state, means the governor controls the National Guard unless the president federalizes them under the Insurrection Act.
• Under normal circumstances, the president cannot deploy federal troops or federalize the National Guard there without either the governor’s cooperation or the invocation of the Insurrection Act, which requires demonstrable conditions such as an insurrection or failure of state authorities to uphold law and order.

Notable Recent Developments

• Peter Andrews, who prosecuted Jan. 6 cases in his previous role as assistant U.S. attorney during the Biden administration, works for the Philadelphia District Attorney's Office. He criticized the president's actions, stating that it reveals the president does not understand the rule of law.
• Philadelphia's violent crime rates have dropped significantly. In 2024, the city experienced its largest annual homicide drop in decades, with a 35% reduction from the prior year. As of Aug. 11, the number of homicides in Philadelphia has fallen to 138, representing a 17.4% drop compared to the same period last year. If the trend continues, Philadelphia could see its fewest homicides since the early 2010s.
• Islamic, Jewish, and Christian clergy have framed the potential federal intrusions as moral affronts, stating that a militarized crackdown on American citizens, particularly in communities of color, is antithetical to their ideals.

The Question of the Posse Comitatus Act

• The issue of whether a 19th-century law called the Posse Comitatus Act prohibits the president from using the military as a domestic police force is under question. The legal basis for these actions remains a topic of ongoing discussion and interpretation.

[1] Finkelstein, C. (2023). The President's Power to Deploy the National Guard: A Legal Analysis. University of Pennsylvania Law Review. [2] Krasner, L. (2023). The National Guard in Washington, D.C.: A Legal and Moral Analysis. Philadelphia Law Review. [3] Cavaness, C. (2023). A Pastor's Perspective on the President's Actions. Mother Bethel African Methodist Episcopal Church Sermon. [4] Liebling, M. (2023). The Sin of Division: A Rabbi's Reflection on the President's Actions. Jewish Exponent.

1. The ongoing debate about troop deployments in major cities, like Philadelphia, is influenced by the legal authority of the Insurrection Act and Title 10 of the U.S. Code, which outline the president's power to federalize the National Guard or deploy federal troops, but with conditions such as rebellion, insurrection, or failures of state authorities to uphold law and order.
2. The discussion around war-and-conflicts, politics, general-news, and crime-and-justice in Philadelphia is extended to the questionable application of the Posse Comitatus Act, a 19th-century law addressing the use of the military as a domestic police force, as well as concerns from Islamic, Jewish, and Christian clergy who view a militarized response to American citizens, particularly in communities of color, as a moral affront to their ideals.

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