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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJeffrey Toobin on governors vs president under Insurrection Act
Heard recently on CNN speaking to Anderson Cooper:
The military can only come in
1. at the request of the governors.
2. without need of governors' requests only in order to vindicate Constitutional rights , e.g. Eisenhower and desegregation. The president cannot do this under current circumstances without the request of the states' governors because no vindication of Constitutional rights is involved. He feels trump won't actually go through with the threat nationwide because he knows the governors won't let him.
Toobin feels that this addresses any issues regarding governors' and states' powers re the Insurrection Act.
According to his read, Posse Comitatus still holds.
jls4561
(1,257 posts)smirkymonkey
(63,221 posts)roamer65
(36,745 posts)We need to update the act under a Democratic Congress and President.
The Magistrate
(95,247 posts)It was enacted to prevent the Federal government from using troops to suppress Ku Klux Klan activity, and other violence by white supremacists in the aftermath of the Reconstruction effort.
roamer65
(36,745 posts)Its definitely now a red line in the sand.
The Magistrate
(95,247 posts)Is sometimes the one law that matters....
roamer65
(36,745 posts)crickets
(25,980 posts)I just hope Toobin is right and trump doesn't try to force the issue now that he's had his photo op.
Mme. Defarge
(8,033 posts)Now may I can sleep tonight.
napi21
(45,806 posts)request of a Governor. Thank God there is a requirement in it. They must have anticipated a DT! I'l be shocked is any Dem Governor would ever ask DT for help with ANYTHING, so we're safe there, but I expect some Repub Governor just might ask, sso they can kissa up to DT again. If they elected a Repub Gov, they deserve what they get! I live in a Repub State, so I'm hidin' out.
tblue37
(65,381 posts)LiberalFighter
(50,942 posts)How about Governors activate state National Guards against the U.S. Military?