@no1marauder said"Under normal circumstances".
Sorry, my legal source says it is true. As does your own source:
" While governors can call on Guard members to serve as temporary law enforcers, presidents cannot do so under normal circumstances.
All that means is the president CAN if he declares a state of emergency.
What exactly are you arguing about?
@dood111 saidIt requires more than a declaration of a "state of emergency". The Insurrection Act reads:
"Under normal circumstances".
All that means is the president CAN if he declares a state of emergency.
What exactly are you arguing about?
"Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion."
https://www.law.cornell.edu/uscode/text/10/252
Given that there are 800,000 police and over 400,000 National Guardsmen in the US, a situation when it is "impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings", should be rare. Joe was proposing that it be considered the norm so the military could stamp out BLM protests.
@no1marauder saidOh GOD OK you win, he's gotta use the Insurrection Act.
It requires more than a declaration of a "state of emergency". The Insurrection Act reads:
"Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may ...[text shortened]... rare. Joe was proposing that it be considered the norm so the military could stamp out BLM protests.
What's the difference?
He can still do it if needed to maintain public order and control civilian unrest.
SOOOO WHAAAAT?
You've never been in the military, have you?
NG troops get called to active duty for many reasons and serve alongside regular army troops all the time.
@dood111 saidNo one said they didn't.
Oh GOD OK you win, he's gotta use the Insurrection Act.
What's the difference?
He can still do it if needed to maintain public order and control civilian unrest.
SOOOO WHAAAAT?
You've never been in the military, have you?
NG troops get called to active duty for many reasons and serve alongside regular army troops all the time.
It's NOYFB, but I was in the military.
@dood111 saidMarauder could use a nap. Ask him how the Texas National Guard is authorized, or being used, to pick up the trash left by the invaders at our southern border. Is that an emergency? He has me confused too. I think I am needing a nap.
Oh GOD OK you win, he's gotta use the Insurrection Act.
What's the difference?
He can still do it if needed to maintain public order and control civilian unrest.
SOOOO WHAAAAT?
You've never been in the military, have you?
NG troops get called to active duty for many reasons and serve alongside regular army troops all the time.
Get ready for links., He will pull a Lexis Nexis on you, he apparently has wide-ranging sources.
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@averagejoe1 saidask him who gives orders to the Washington DC NG.
Marauder could use a nap. Ask him how the Texas National Guard is authorized, or being used, to pick up the trash left by the invaders at our southern border. Is that an emergency? He has me confused too. I think I am needing a nap.
Get ready for links., He will pull a Lexis Nexis on you, he apparently has wide-ranging sources.
"The D.C National Guard was formed in 1802 by President Thomas Jefferson to defend the newly created District of Columbia. As such, the Commanding General of the D.C. National Guard is subordinate solely to the President of the United States. This authority to activate the D.C. National Guard has been delegated, by the President, to the Secretary of Defense and further delegated to the Secretary of the Army. The D.C. National Guard is the only National Guard unit, out of all of the 54 states and territories, which reports only to the President. "
he doesnt have a clue.
https://dc.ng.mil/About-Us/
@no1marauder saidyour 'legal source" is wrong. But there isnt one is thgere, you are making things up.
Sorry, my legal source says it is true. As does your own source:
" While governors can call on Guard members to serve as temporary law enforcers, presidents cannot do so under normal circumstances. The Posse Comitatus Act generally prohibits the president from using the military in this role."
lets go straight to the source...
"The key to state active service is that Federal Law provides the Governor with the ability
to place a soldier in a full-time duty status under the command and control of the State
but directly funded with Federal dollars. Even though this duty status is authorized by
Federal statute, this section is a statutory exception to the Posse Comitatus Act; the
Governor may use the Guard in a law enforcement capacity; and the chain of command
rests within the State. "
https://www.nationalguard.mil/About-the-Guard/Army-National-Guard/Resources/News/ARNG-Media/FileId/137011/
@mott-the-hoople saidNothing there contradicts what I said; just because the Feds are paying for something doesn't make it "federalized" - the Federal government routinely funds many programs which are under State control. From your quote:
your 'legal source" is wrong. But there isnt one is thgere, you are making things up.
lets go straight to the source...
[b]"The key to state active service is that Federal Law provides the Governor with the ability
to place a soldier in a full-time duty status under the command and control of the State
but directly funded with Federal dollars. Even though th ...[text shortened]... //www.nationalguard.mil/About-the-Guard/Army-National-Guard/Resources/News/ARNG-Media/FileId/137011/
"the chain of command rests within the State. "
I'm puzzled; I already give you the cite for my legal source -(https://www.everycrsreport.com/reports/R42659.html)
how am I "making it up"? Here's another from the Military Times:
" it is well established that the Posse Comitatus Act (Section 1385 of Title 18, United States Code) prohibits federal forces from domestic law enforcement activities unless the president has directed operations under the Insurrection Act or related provisions under U.S. Code Title 10, which covers use of the armed forces. Yet, the Posse Comitatus Act does not apply to members of the National Guard in a state status authorized by U.S. Code Title 32 and under the command and control of their respective state or territorial governor exercised through an adjutant general."
https://www.militarytimes.com/opinion/commentary/2021/03/18/the-national-guard-can-do-it-but-that-doesnt-mean-its-a-good-idea/
@mott-the-hoople saidDid you read your own quote?:
ask him who gives orders to the Washington DC NG.
"The D.C National Guard was formed in 1802 by President Thomas Jefferson to defend the newly created District of Columbia. As such, the Commanding General of the D.C. National Guard is subordinate solely to the President of the United States. This authority to activate the D.C. National Guard has been delegated, by ...[text shortened]... ies, which reports only to the President. "
he doesnt have a clue.
https://dc.ng.mil/About-Us/
"The D.C. National Guard is the only National Guard unit, out of all of the 54 states and territories, which reports only to the President. "
And why is that? Because of the unique status of the District.
You keep proving you are wrong. Thanks.
@no1marauder saidyou are posting a bunch of words then claiming they say something different.
Not when they are federalized thus my point is accurate:
"National Guard units, state defense forces, and naval militias[17] while under the authority of the governor of a state. However, when the National Guard is federalized under 10 U.S.C. § 12406, that shifts control from the state governor to the President, making Guard operations subject to the Posse Comitatus Act as well."
https://en.wikipedia.org/wiki/Posse_Comitatus_Act
Your original statement...
"the US has a law forbidding the military from being used for domestic law enforcement.
I have proven that is not true. The national guard does provide policing actions.
The NG is policing in DC right now.
not many know that newsome had aircraft ready during lock downs...
"The members expected directives to ready ground troops to help state and local authorities respond to disturbances triggered by resistance to stay-at-home rules or panic over empty store shelves.
But then came an unusual order: The air branch of the Guard was told to place an F-15C fighter jet on an alert status for a possible domestic mission, according to four Guard sources with direct knowledge of the matter.
Those sources said the order didn’t spell out the mission but, given the aircraft’s limitations, they understood it to mean the plane could be deployed to terrify and disperse protesters by flying low over them at window-rattling speeds, with its afterburners streaming columns of flames. Fighter jets have been used occasionally in that manner in combat zones in Iraq and Afghanistan, they said.
https://www.latimes.com/california/story/2021-04-23/california-national-guard-fighter-jet-election-coronavirus-protests
You are simply wrong, no amount of word twisting will change that.
@mott-the-hoople saidTo be clear, you're denying the Posse Comitatus Act exists?
you are posting a bunch of words then claiming they say something different.
Your original statement...
"the US has a law forbidding the military from being used for domestic law enforcement.
I have proven that is not true. The national guard does provide policing actions.
The NG is policing in DC right now.
not many know that newsome had aircraf ...[text shortened]... navirus-protests
You are simply wrong, no amount of word twisting will change that.
@no1marauder saidDid Marauder comment on the TX Guard cleaning up trash litteed by the illegals? You witnesses here, of course, my deep-seated concern about these cultures who will infiltrate our society, starting with littering, following up with rape, etc. Duchess and you Marxists call my disdain “racist”. Naaa, this one incident proves CULTURE!! Do you think that the illegals strowed trash everywhere because of their RACE?!?!?! Hahahahahahahahaha
To be clear, you're denying the Posse Comitatus Act exists?
I need my own Forum. Fold up your tent, Marauder.
@averagejoe1 saidContrary to your thesis, the terrible crime of littering is hardly limited to certain "cultures".
Did Marauder comment on the TX Guard cleaning up trash litteed by the illegals? You witnesses here, of course, my deep-seated concern about these cultures who will infiltrate our society, starting with littering, following up with rape, etc. Duchess and you Marxists call my disdain “racist”. Naaa, this one incident proves CULTURE!! Do you think that the illegals stro ...[text shortened]... of their RACE?!?!?! Hahahahahahahahaha
I need my own Forum. Fold up your tent, Marauder.
@no1marauder saidis the National Guard policing Washington DC as we speak? yes or no
To be clear, you're denying the Posse Comitatus Act exists?
@no1marauder saidnah, you are just dead wrong but cant admit it
To be clear, you're denying the Posse Comitatus Act exists?