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In reply to the discussion: Trump administration considers mobilizing as many as 100,000 National Guard troops [View all]MADem
(135,425 posts)67. There are EXTREME LIMITS to POTUS authority in that regard.
https://en.wikipedia.org/wiki/Insurrection_Act
To proclaim a state of insurrection is a necessary prerequisite if cascading powers, such as is found in 50 U.S.C. § 212 Confiscation of property employed to aid insurrection, are to be used.
(1) The President may employ the armed forces, including the National Guard in Federal service, to--
(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that--
(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and
(ii) such violence results in a condition described in paragraph (2); or
(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2).
(2) A condition described in this paragraph is a condition that--
(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
To proclaim a state of insurrection is a necessary prerequisite if cascading powers, such as is found in 50 U.S.C. § 212 Confiscation of property employed to aid insurrection, are to be used.
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Trump administration considers mobilizing as many as 100,000 National Guard troops [View all]
deminks
Feb 2017
OP
Deploying reservists overseas isn't the same as using them as stormtroopers at home. nt
MADem
Feb 2017
#101
They were not "forced labor" camps, there was a world war and there were no deportations, so......
Fred Sanders
Feb 2017
#33
Thanks. Source? Wikipedia? Specifically, where's the second paragraph from? NT
mahatmakanejeeves
Feb 2017
#27
He has 31 that are repugs. More then half the country. Heck almost two thirds.
yeoman6987
Feb 2017
#28
Trump is going to kill a whole bunch of hardcore republican farmers and the red republican
workinclasszero
Feb 2017
#91
Are we moving into a police state? This is not the purpose of the national guard. I see Bannon's
riversedge
Feb 2017
#14
The governors have had relatively quiet phones and faxes recently. Let's change that.
politicat
Feb 2017
#36
I think NM and Calif will tell him, hell no.New Mexicans wont do thisTo their own families.Civil War
Alice11111
Feb 2017
#74
It doesn't apply to National Guard "UNDER STATE AUTHORITY" This is a Federal action.
W T F
Feb 2017
#44
Dehumanization is key. tRump-bots have totally bought that one regarding Muslims
Bernardo de La Paz
Feb 2017
#50
Between 4 & 5. Polarized since Newt Gingrich 1994, muslims been dehumanized since before 9/11. nt
Bernardo de La Paz
Feb 2017
#75
It does say "draft" and White House doesn't deny its authenticity, just that it is not actual policy
Bernardo de La Paz
Feb 2017
#49
Sound like somebody leaked this draft to "nip it in the bud" as Barney Fife would say. nt
Cognitive_Resonance
Feb 2017
#70
The RTKBA crew spent 8 years arming themselves against this very type of action!
EarthFirst
Feb 2017
#71