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Posse Comitatus Act does not apply.

October 19, 2018

Immediately after the President threatened to close the border using the military, liberals brought up the Posse Comitatus Act. Several readers of this blog also mentioned it.

Some people seem confused about the difference between the National Guard, which is essentially a state militia under the nominal command of state governors, and the regular armed forces.

The Act limits the powers of the federal government to use federal military personnel to enforce domestic policies within the United States. There are exceptions to the rule enumerated within the language of the Act.

That Act, passed during the term of Rutherford B. Hayes in 1878 and later amended several times, does NOT prohibit the  federal military from being used to defend the United States from foreign invasion.

If it did, that would mean that if we were being attacked by a foreign power, the military could not be used to defend the country, which is obviously ridiculous.

Since laws governing entry into the U.S. are Federal, not domestic, i.e. state or city laws, the President is free to use the military to defend our borders.

Wait a minute, you might be saying. This isn’t Russia sending warships across the Bering Sea to attack Alaska.  It’s just people who want to come here to work. In fact one commenter did say words to that effect.

Two things are wrong with that. First, there is some evidence that people tied to guys like George Soros and his groups are paying money to these people to join these caravans and pay the coyotes. Essentially that amounts to raising an army,  basically an act of sedition, and that’s against Federal law.

Second, we know that not all of these people are coming here to work. There are enough bad actors to taint the whole so-called “refugee” group.

Maybe the problem here is in the terminology. Maybe we should stop calling them illegal immigrants or refugees and call them what they are.

What these people who jump the border are doing is committing criminal trespass. It’s no different than me forcing my way into your home and saying that because your house is nicer than mine, you can’t throw me out on my ear.

The sad part about illegal immigration is that it limits the number of people that we can accept through legal immigration.  People who have spent years complying with our often confusing patchwork of immigration laws now can’t get in because their places have been taken by border jumpers.

This may be much ado about nothing if Mexico addresses people crossing its southern border, stopping them before they get to our border.

This isn’t a problem that’s going to be solved in the next 18 days, but maybe, if enough people get off their arse and on their feet we can work on it over the next two years.

 

From → op-ed

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