Trump Is Breaking the Law by Sending in the National Guard for Policing

The United States Constitution divides our democracy into three branches: the legislative (for making the laws), the judiciary (for enforcing the laws) and the executive (leadership in policymaking). Trump believes he can write the laws by executive order because he is the President. He cannot. He is not a member of Congress. His executive orders are not for policymaking. He has used them to override laws he disagrees with and make laws. This is improper. It is up to the judiciary, our national courts, to do their job. We live in a democracy, not a dictatorship. Can Trump use his executive power to call up the National Guard to police American cities? No. This is illegal. He has mistaken his Constitutional role as head of the military to illegally violate what Congress has forbidden. The Posse Comitatus Act of 1878 is still law. The Posse Comitatus Act prohibits the use of federal military personnel to execute domestic laws. Americans have always been wary of military force used in our communities. After all, when King George stationed his troops in Boston it led to the Boston Massacre, among other key factors which started the American Revolution. U.S. District Judge Charles Breyer ruled Trump sending federal troops To California was illegal in a 52 page opinion. The Posse Comitatus Act allows an exception under the Insurrection Act if the state government requests it (clearly not the case in California, Governor Newsom was adamant he not deploy troops) to suppress an insurrection, certainly not free speech. The Posse Comitatus Act makes clear state National Guards are covered by this law where the President "federalizes" them by placing them under his control. To this day, the majority of Americans do not want federalized troops sent to their cities by the President. The President has many legal advisors and the Department of Justice to advise him. There is no excuse for his wonton disregard of our law. This is a dictator move plain and simple. For more on the military and dictators see here.

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