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Pelosi, Schumer To Trump: "Let's Debate Border Funds in Private"
(02-19-2019, 06:40 PM)Belsnickel Wrote: Which one do you think is opinion? 18 U.S. Code § 1385 or 10 U.S. Code § 2808?

The one that is open to interpretation:
https://www.bloomberg.com/opinion/articles/2018-04-10/posse-comitatus-law-can-t-stop-trump-from-using-troops-at-border

Quote:The unsavory origins of the Posse Comitatus Act make it hard to view it as a high-minded stand against military involvement in civil affairs. To make matters even more complicated, the original prohibition and subsequent amendments have been diluted by a number of exceptions. 
These exceptions have enabled presidents to deploy federal troops and state militias in ways that erode the distinction between military and civilian authority. In the late 19th century, for example, presidents tapped federal troops to quell labor unrest.



In the 20th century, these exceptions have led to a number of cases where federal soldiers and state militias have been used to enforce laws. These include shameful episodes like President Herbert Hoover’s decision to send military units to Washington to end a largely peaceful 1932 protest by World War I veterans seeking promised payments to help them survive the Great Depression. But the exceptions have also been used to justify the use of federal troops to enforce desegregation in the South during the 1950s.


More recently, Congress has carved out several additional exceptions meant to make it easier to use the military to help police agencies fight drug trafficking.
The exceptions — to say nothing of the fact that no one has ever been prosecuted for violations of the Posse Comitatus Act — highlight the degree to which the law may not be quite the firewall that conventional wisdom would suggest. Its dubious origin in the violent overthrow of Reconstruction only makes matters worse.
This is most likely why folks say it will be decided in court; most likely by SCOTUS. 

Doesn't the Insurrection Act give POTUS the power to deploy Federal Troops to stop lawlessness?
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RE: Pelosi, Schumer To Trump: "Let's Debate Border Funds in Private" - bfine32 - 02-19-2019, 07:28 PM

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