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In reply to the discussion: Trump administration denies it is considering using National Guard to round up [View all]jmg257
(11,996 posts)25. Apparently it is quite legal...another bonus of the Bush terrorism years.
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.
(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
(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
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Trump administration denies it is considering using National Guard to round up [View all]
workinclasszero
Feb 2017
OP
Now we will see if the National Guard will become Trump's internal police force
workinclasszero
Feb 2017
#9
I have friends in the guard and I doubt that the guard would carry out such an order.
Botany
Feb 2017
#11
You answered the question - protesting is not legal...but immigrants in the country illegally are.
jmg257
Feb 2017
#38
Well seeing as how Trump and Bannon wipe their fat asses with the Constitution everyday of their
workinclasszero
Feb 2017
#26
He's being hyper-precise when he says "has made no effort to use national guard troops"...
NurseJackie
Feb 2017
#21
This better not happen. I'll want to overflow every street and SHUT IT ALL DOWN.
TrekLuver
Feb 2017
#22
He was probably attending a school, for instance the Guard and Reserves still have to go active duty
braddy
Feb 2017
#48
It will be an "unfunded mandate" and individual state governors will do the "calling-up" of...
NurseJackie
Feb 2017
#41
Will these people be denied due process and deported immediately? Or will they be held in camps?
NurseJackie
Feb 2017
#45