UKC Forum Member
Registered: Dec 2003
Location: Sheridan, WY
Originally posted by benderb4
BEG to differ... BUT YOU ARE "WRONG"!!
Mis=information and fallacy.
Copied and pasted.............
The president does have some authorities under the Constitution, but he’s limited by statute — not only by the Posse Comitatus Act but also by the Insurrection Act. So, he can’t just willy nilly throw the military in there to solve this problem.”
Invocation of the Insurrection Act is best done in coordination with governors
The governors just like they did in protecting the health and safety of their citizens in the coronavirus [outbreak] and enforcing the rule of law in their states, and they have to ask for the president’s help for bringing in federal troops,” . “The president has a couple of exceptions he you can use, but the governors play a key role, and local politicians play a key role, and they have to have the courage to stand up to say something and do something about it.”
Presidential powers related to insurrection are partly articulated in 10 U.S. Code § 253, which reads:
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—
(1) so hinders the execution of the laws of that State, and of the United States within the State, 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 are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.
The president does have tools of his authority, but just like with the coronavirus, there are a lot of connections here. The governors have the primary role. The governors have police power.
The federal government doesn’t, and so the president has to be in coordination with and in communication at all times with the governors to see whether they’re going to invoke the Insurrection Act, and if the president determines that they’re not doing it, but they really need to do it, and there’s nothing that can quell the riots or violence unless and until he federalizes or brings in federal military troops, he’s not hapless.”
1. I'm no expert, but thought- and did a quick internet search to confirm, but I thought the Posse Comm. Act was specifically addressing only the use of the U.S. Army, and U.S. Airforce on U.S. soil- not federal law enforcement like FBI or ATF enforcing Federal laws, which is what was happening. I do not think any mayor or governor can cite that act and tell the FBI to get out of their State.
2. And I'm not sure I get your point with the quote of the U.S. Code that specifically tells when the president can use federal troops to stop an insurrection... then you make the claim that he needs the Governor's permission.. i don't see that in the quoted text?
3. If that was the primary take-away from my post, you truly are looking to be argumentative and glossed over the true content, and intent of my post. I hope you have a blessed day- no need to respond. I do not engage in internet keyboard wars.
Checkout Wyoming coon hunting:
Report this post to a moderator | IP: Logged