Quote:
Originally Posted by CaptainCrunch
Someone can correct me, but I believe that the President can send in troops without state approval under the Insurrection act, which was designed as a except for clause in Posse Comitatus. Its been used several times in modern history. What gets this around Congress blocking it, is that it's almost like its got pre-approval without the need to notify or get Congress's approval.
From my understanding what really gets this around Posse, is that the military wouldn't go in to enforce civilian law, but is there to aid civilian authority while not acting as a police force.
I don't want the military to go in anywhere, because frankly their approach to ending the state of riot would be extreme.
The only way that this could effect is if an office objects to an order as being a illegal order. If the President declared marshal law and used the Insurrection act, I don't think that a soldier or officer could refuse that order legally. However the add on would be if the Military was deployed under the insurrection act, and either the president or a superior officer order the wholesale slaughter of civilians, that would be an illegal order equaling murder.
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Quote:
Originally Posted by Baron von Kriterium
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I'm no expert, and all I know is what I've read in a few articles, but my understanding is that unless a state specifically asks for help, the President can only use the military to enforce Federal Laws (those sections both mention "Laws of the United States" and the constitution, so that sounds right to me.
The example that was given was using the military to enforce federal anti-segregation laws at the University of Alabama.
So I don't think they can just roll in and say, we're here to shut down this protest, but who knows, Trump may tell them to do it anyway.
Edit: Hmmm, based on Transplant's link, it would seem it is not that cut and dry.
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