Trump threatens violence again as we await the Mueller report: “I have the support of the police, the support of the military, the support of the Bikers for Trump — I have the tough people, but they don’t play it tough — until they go to a certain point and then it would be very bad, very bad.
The American President, the non-intellectual, Donald J. Trump spoke those words today. That is a definite affront against the American populace. What the ignorant to the Constitution President is unaware of is the following:
The Posse Comitatus Act is a United States federal law signed on June 18, 1878, by President Rutherford B. Hayes. The purpose of the act – in concert with the Insurrection Act of 1807 – is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States. It was passed as an amendment to an army appropriation bill following the end of Reconstruction and was updated in 1956 and 1981. This disallows the use of military force against the citizens of the United States.
The U.S. Constitution places primary responsibility for the holding of elections in the hands of the individual states. The maintenance of peace, conduct of orderly elections, and prosecution of unlawful actions are all state responsibilities, pursuant of any state’s role of exercising police power and maintaining law and order, whether part of a wider federation or a unitary state. The Insurrection Act of 1807 is a United States federal law (10 U.S.C. §§ 251–255) (until 2016, found at 10 US Code, Chapter 15, §§ 331–335, renumbered to 10 USC, Chapter 13, §§ 251–255) that governs the ability of the President of the United States to deploy military troops within the United States to put down lawlessness, insurrection, and rebellion. The general purpose is to limit presidential power, relying on state and local governments for initial response in the event of insurrection. Coupled with the Posse Comitatus Act, presidential powers for domestic law enforcement are limited and delayed.
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both. This is to inform Donald J. Trump, it would be great if he attempted this feat for he would find himself immediately imprisoned for 2 years.
The Posse Comitatus Act, which passed after the Civil War to keep federal troops from policing the South, limits federal troops’deployment on U.S. soil and forbids using them to enforce domestic laws. The President can deploy troops if there’s an insurrection or invasion on U.S. soil.
If the following are met, and only if they are met and proven prior, can the President utilize armed military within the soil of the United States.
(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.
The time has come, the moment has arisen, the need is vast… impeach or go down with the ship…
The opinions expressed in this commentary are solely those of the author and are not not necessarily either shared or endorsed by iPatriot.com.