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I think it is time to clear the air and answer a fundamental question. Can President Trump, in view of the ongoing invasion at our southern border, declare an emergency and instruct our military to repel the invasion?

While the Posse Comitatus Act of 1878 forbids the use of U.S. troops inside the United States, the President can declare an emergency and use federal troops to enforce the law and protect our borders. See: Martin v. Mott, 25 U.S. 12 Wheat. 19 19 (1827)

“The power thus confided by Congress to the President, is, doubtless, of a very high and delicate nature. A free people are naturally jealous of the exercise of military power; and the power to call the militia into actual service is certainly felt to be one of no ordinary magnitude. But it is not a power which can be executed without a correspondent responsibility. It is, in its terms, a limited power, confined to cases of actual invasion, or of imminent danger of invasion. If it be a limited power, the question arises, by whom is the exigency to be judged of and decided? Is the President the sole and exclusive judge whether the exigency has arisen, or is it to be considered as an open question, upon which every officer to whom the orders of the [25 U.S. 19, 30] President are addressed, may decide for himself, and equally open to be contested by every militia-man who shall refuse to obey the orders of the President? We are all of opinion, that the authority to decide whether the exigency has arisen, belongs exclusively to the President, and that his decision is conclusive upon all other persons. We think that this construction necessarily results from the nature of the power itself, and from the manifest object contemplated by the act of Congress. The power itself is to be exercised upon sudden emergencies, upon great occasions of state, and under circumstances which may be vital to the existence of the Union.”

JWK

President Trump, by the terms of our Constitution, is empowered “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions”.
 

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I think it is time to clear the air and answer a fundamental question. Can President Trump, in view of the ongoing invasion at our southern border, declare an emergency and instruct our military to repel the invasion?

While the Posse Comitatus Act of 1878 forbids the use of U.S. troops inside the United States, the President can declare an emergency and use federal troops to enforce the law and protect our borders. See: Martin v. Mott, 25 U.S. 12 Wheat. 19 19 (1827)

“The power thus confided by Congress to the President, is, doubtless, of a very high and delicate nature. A free people are naturally jealous of the exercise of military power; and the power to call the militia into actual service is certainly felt to be one of no ordinary magnitude. But it is not a power which can be executed without a correspondent responsibility. It is, in its terms, a limited power, confined to cases of actual invasion, or of imminent danger of invasion. If it be a limited power, the question arises, by whom is the exigency to be judged of and decided? Is the President the sole and exclusive judge whether the exigency has arisen, or is it to be considered as an open question, upon which every officer to whom the orders of the [25 U.S. 19, 30] President are addressed, may decide for himself, and equally open to be contested by every militia-man who shall refuse to obey the orders of the President? We are all of opinion, that the authority to decide whether the exigency has arisen, belongs exclusively to the President, and that his decision is conclusive upon all other persons. We think that this construction necessarily results from the nature of the power itself, and from the manifest object contemplated by the act of Congress. The power itself is to be exercised upon sudden emergencies, upon great occasions of state, and under circumstances which may be vital to the existence of the Union.”

JWK

President Trump, by the terms of our Constitution, is empowered “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions”.
i thought the posse comitatus law was to stop the use of military to enforce “state law” and put that on the state and its militia. I think the purpose of a military is to protect the country against invasion. So absolutely our military can be deployed
 

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Discussion Starter #3
QUESTION:


Why is the Democrat Party Leadership not on board with stopping illegal immigration which is costing American citizens over $18 billion a year in healthcare costs alone? I thought the Democrat Party Leadership wanted to reduce healthcare costs for American citizens.




"All told, Americans cross-subsidize health care for unauthorized immigrants to the tune of $18.5 billion a year in healthcare costs alone . Of this total, federal taxpayers provided $11.2 billion in subsidized care to unauthorized immigrants in 2016."


JWK

President Trump, by the terms of our Constitution, is empowered and obligated “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions”.
 

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Initially he can do what he wants to do. We are currently seeing that the courts can than rule against him after the issue is litigated. Fortunately DJT doesn't roll over and remains steadfast in his beliefs searching for a way and means around the liberal judges.

His judgeship appointments are so, so important
 
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