By Douglas V. Gibbs
As the ICE Riots target federal agents and facilities continue to burn America’s cities and reveal how much disrespect the leftwing radicals in this country have for the rule of law President Donald Trump has been forced to deploy National Guardsmen and United States Marines in order to quell the situation specifically in Los Angeles. California Governor Gavin Newsom has verbally attacked President Trump’s actions, calling the deployment of law enforcement and other federal personnel unconstitutional because the president did not receive permission from California’s legislature, and that the actions by President Trump is proof that he is a dictator and a danger to democracy.
The governor’s reference to President Trump requiring California’s permission before deploying personnel in Los Angeles comes from Article IV, Section 4 of the United States Constitution.
- “…on the Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against Domestic Violence…”
In cases of “Domestic Violence,” the President does indeed require the State’s approval before deploying personnel. So, first of all, we need to assess whether or not that is what is going on – domestic violence – or, is it something more.
The proponents and supporters of the ICE Riots are calling them “peaceful demonstrations” and “peaceful protests,” which would, according to them, protect the assemblies of people under the First Amendment. Burning buildings, burning cars, Molotov cocktails, rock throwing and physical attacks against law enforcement personnel is hardly “peaceful.” The enumerated right in the First Amendment is regarding “the right of the people peaceably to assemble.” So, first of all, the violence kills the whole First Amendment argument.
But, we still need to determine if it is only domestic violence, or something more.
Article I, Section 8 gives Congress the authority to call up the militia for the purpose “to execute the Laws of the Union, suppress Insurrections and repel invasions.” That provision does not require the permission of California’s legislature or governor before operating inside the State. Do any of those three conditions exist in this situation?
- Execute the Laws of the Union: Immigration Law is a federal authority and the purpose of the ICE Riots are to hinder or block the ability of ICE to enforce raids designed to apprehend illegal aliens, and more specifically – dangerous criminal aliens. Therefore, item number one is in play, which gives the President of the United States the authority to deploy National Guard personnel without State cooperation.
- Suppress Insurrections: This constitutional provision encouraged the passage of the Insurrection Act of 1807, which provides legislative support and authority for the President to deploy U.S. Military personnel and National Guard personnel who have been called forth for federal service to any location within the United States to restore order in cases of insurrection, rebellion, or civil disorder. The law is triggered when there are unlawful obstructions against the authority of the United States, that the obstructions or rebellion make it “impracticable to enforce” federal law by ordinary means, and it is meant to be used when civilian or local law enforcement agencies are unable to maintain order while federal agents seek to enforce federal law. As for the definition of insurrection as it pertains to the Insurrection Act of 1807, insurrection is when there is a situation that is widespread, organized, and operating in unlawful opposition to the government, when such activities are a revolt or uprising against established authority, or when it represents a rebellion or mutiny. Therefore, item number two is in play, giving the President of the United States the authority to deploy National Guard personnel without State cooperation.
- Repel Invasions: President Trump has defined the illegal crossings into this country by criminal aliens and foreign actors from Islamic countries and communist countries like China and Venezuela to be an invasion. The fact that the rioters in Los Angeles are mostly flying flags of other countries, and burning American flags, makes them by their own admission representatives of other countries with hostile intentions against this country. In short, that would make a significant segment of those participating in the ICE riots The fact that they are not wearing a particular nation’s military uniforms does not change that fact that their actions are essentially identical to what an invading force would be. Therefore, item number three is in play, giving the President of the United States the authority to deploy National Guard personnel without State cooperation.
As for the United States Military, while the Founding Fathers were indeed concerned about the use of a standing army against the citizenry, this is not one of those situations. This is about non-citizens entering the country against the law, operating in our country against the law, and now violating the law on the streets of Los Angeles. Constitutionally, as Commander in Chief, the President of the United States may deploy military personnel domestically if he believes it is necessary. A long list of precedent exists. Here’s a few examples:
- George Washington: Whiskey Rebellion.
- John Adams: Fries Rebellion.
- Andrew Jackson: Intervene in Labor Disputes.
- Abraham Lincoln: War Between the States.
- Ulysses S. Grant: Combat Ku Klux Klan.
- Rutherford Hayes: Intervene in Labor Disputes.
- Grover Cleveland: Intervene in Labor Disputes.
- Woodrow Wilson: To stop race riots in 20 cities across the United States.
- Herbert Hoover: Disbanding “Bonus Army.”
- Dwight D. Eisenhower: Enforce desegregation of schools in the South.
- John F. Kennedy: Enforce desegregation of schools in the South.
- Lyndon B. Johnson: Protect civil rights activists marching from Selma to Montgomery (against the wishes of the state’s governor).
- Lyndon B. Johnson: 1965 Watts Riots in Los Angeles.
- Lyndon B. Johnson: Break up 1967 Detroit Riot.
- Lyndon B. Johnson: Break up 1967 Newark Riots.
- Lyndon B. Johnson: Break up nationwide riots that emerged after the assassination of Dr. Martin Luther King, Jr.
- Richard Nixon: 1970 Postal Strike.
- Jimmy Carter: Activated USCGR in response to an unprecedented refugee crisis out of Cuba.
- Ronald Reagan: While personnel were not ultimately deployed, Ronald Reagan invoked the Insurrection act in response to a prison riot.
- George H.W. Bush: Active-duty Marines and Army personnel along with National Guard to help quell Rodney King riots in Los Angeles.
- Bill Clinton: 1994 Aftermath of Northridge Earthquake.
- George W. Bush: Armed soldiers at U.S. airports after 9/11 terrorist attacks.
- Donald J. Trump: Minneapolis riots over the death of George Floyd.
In the Constitution in Article I, Section 8, as indicated earlier, the militia specifically may be used by the President to execute the laws of the Union. The Militia Act of 1903 established the National Guard as the “organized militia” – a body fully available to Congress to call up for federal service and to be deployed by the President of the United States.
Once again, President Donald J. Trump is right. He has all of the constitutional authority he needs to deploy military and National Guard units to Los Angeles, and around the country if necessary, to quell the ICE Riots.
— Political Pistachio Conservative News and Commentary
