Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

jmg257

(11,996 posts)
46. IF it were true (it's apparently not)...he could do it...
Fri Feb 17, 2017, 12:21 PM
Feb 2017

Last edited Fri Feb 17, 2017, 12:51 PM - Edit history (1)

10 U.S. Code § 332 - Use of militia and armed forces to enforce Federal authority

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.


10 U.S. Code § 311 - Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.


ETA:
And while we are at it:

10 U.S. Code § 333 - Interference with State and Federal law

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


All thanks to the John Warner National Defense Authorization Act for Fiscal Year 2007...yay Bush!
It Can't Happen Here. nt Tommy_Carcetti Feb 2017 #1
Our tax dollars at work. DURHAM D Feb 2017 #2
And they will not differentiate between Cubans and other non-whites. Do you hear yet, FL? nikibatts Feb 2017 #3
Illegal RandySF Feb 2017 #4
Excepting the NG which need the Gov. to but only for state law enforcement... Historic NY Feb 2017 #7
you mean the guys who went and fought in Iraq? lame54 Feb 2017 #14
i don't think that's correct: unblock Feb 2017 #15
Maybe, maybe not 1965Comet Feb 2017 #20
Unfortunately that was sort of vaguely suspended during the Bush Administration... mikelewis Feb 2017 #21
You may want to look at the 1950s and 1960s, or the first president, who led troops in the field. braddy Feb 2017 #48
NEXT: "Nonwhites are advised to carry citizenship papers at all times" dalton99a Feb 2017 #5
Sadly, most rural/suburban people are required to anyway Dem2 Feb 2017 #18
By the end of this year that will be a reality I bet workinclasszero Feb 2017 #43
Yeah...Hillary is just like Drumpt...saracasm. Demsrule86 Feb 2017 #6
include those bdamomma Feb 2017 #49
Indeed they did. nt Demsrule86 Feb 2017 #50
Maybe he just wants to offer them a job. Arkansas Granny Feb 2017 #8
Right? 1965Comet Feb 2017 #22
This won't end well. lpbk2713 Feb 2017 #9
It is time to organize a resistance Johnny2X2X Feb 2017 #10
We need to inform ourselves to be the protectors of these people frazzled Feb 2017 #25
I fear it's too late for learning the rules. Johnny2X2X Feb 2017 #40
That would be a violation of the law. MineralMan Feb 2017 #11
Exactly. The Posse Comitatus Act n/t FSogol Feb 2017 #35
quick link to a news site JustAnotherGen Feb 2017 #12
Article link politicat Feb 2017 #13
A draft Johnny2X2X Feb 2017 #16
I get that. politicat Feb 2017 #30
They won't do it... watch and see... the Gov.'s of the states will refuse and probably sue. mikelewis Feb 2017 #17
Time for us dark skinned Americans to carry our Baitball Blogger Feb 2017 #19
He will Federalize National Guard Units and make the justification up as he goes: "for our security" FreeStateDemocrat Feb 2017 #23
have they even built the camps yet? JenniferJuniper Feb 2017 #24
That's not going to go well Renew Deal Feb 2017 #26
He will threaten to withhold fed funds Buckeyeblue Feb 2017 #27
Your authoritarian government in action, folks BainsBane Feb 2017 #28
Nazism SHRED Feb 2017 #28
He may not get the cooperation he expects Generic Brad Feb 2017 #31
White House Pushes Back Against Report struggle4progress Feb 2017 #32
It's called a "leak" trial balloon. haele Feb 2017 #47
They want to instill fear njhoneybadger Feb 2017 #56
LOL, Dear Trumpy Admin, have someone google "Posse Comitatus Act" FSogol Feb 2017 #33
Sorry Trump would read that as the Pussy Contact Act. Botany Feb 2017 #36
FWIW, Sean Spicer - This is not true. DHS also confirms it is 100% false herding cats Feb 2017 #34
This is part of their game...float news out there, and then they can claim Fake News HipChick Feb 2017 #37
That's what I think, and just said in the LBN thread. herding cats Feb 2017 #38
Sad Game that the WH is playing...There is no reason to trust anything coming out of the WH HipChick Feb 2017 #42
Good fucking god, this man is a monster! Initech Feb 2017 #39
There will be blood. n/t miyazaki Feb 2017 #41
What a disgrace. BeckyDem Feb 2017 #44
Understanding the Guards Duty Status struggle4progress Feb 2017 #45
IF it were true (it's apparently not)...he could do it... jmg257 Feb 2017 #46
Im wondering if this is a "Fake leak" designed to confuse people about reality? bettyellen Feb 2017 #51
That will stoke an open rebellion C_U_L8R Feb 2017 #52
Will they use rail way cars. gordianot Feb 2017 #53
They are denying it, but can you believe anything they say? still_one Feb 2017 #54
Message auto-removed Name removed Feb 2017 #55
The ICE Employees Union endorsed Trump for President TheDebbieDee Feb 2017 #57
Latest Discussions»General Discussion»BREAKING: Trump administr...»Reply #46