[ad_1]
The California battle to curb President Trump’s military deployment into Los Angeles falls under 19th century law with bloody origins of the AA and names that appear to have been drawn from western Spaghetti.
In this week’s pivotal ruling, U.S. District Senior Judge Charles R. Breyer ordered the federal government to hand over the evidence to state officials seeking to prove that the actions of Southern California military forces violated the 1878 Assembly Act.
“The way that President Trump has used and used the Federal National Guard and Marines since it unfolded in early June is clearly linked to the Posse Comitatus Act,” Breyer wrote Wednesday in an order approved of “limited and prompt discoveries.”
The Trump administration opposed the move and had already been ruled by a cleaned Blayer who once restricted the White House’s authority over the military, which had been overturned by the Ninth Circuit Court of Appeals.
Now, a judge from the Northern District of California has made it clear that “only allow discoveries regarding the collective committatus law.”
The Posse Comitatus Act dates back to the aftermath of the civil war when the US government faced violent resistance to efforts to rebuild Southern state governments and enforce federal law after the abolition of slavery.
The law itself has only a few texts, with its associated sections over 60 words. But when it was enacted, it served as a legal inscription for reconstruction – and Jim Crow’s preface.
“There are these very ignorant beginnings,” said Mark P. Nevitt, a law professor at Emory University and one of the nation’s number one expert on law.
Before the Civil War, the American troops were kept small to avoid the kind of abuse that American settlers suffered under the British.
Authorities at the time were able to ex-size a civilian crew called the Comitutus of Posse to help them, as happened sometimes in California during the Gold Rush. The state had militias called by the president to pad out the army during wartime.
However, US military law enforcement was rare and deeply unpopular. Historians said that the use of soldiers to enforce the Flow Slave Act escaped and saw slaves hunting and returning south – helped spark a civil war.
In recent weeks, the Trump administration has justified using the military to cut down immigrants using the military using constitutional manipulations invented to enforce the Fugitive Slave Act. Experts said North and South leaders have requested similar enforcement of the law.
Josh Dabert, historian at Rutherford B. Hayes Presidential Library, Ohio, said:
But by the time Congress sent federal forces in 1867 to begin full-scale reconstruction, the landscape was very different.
White mobs slaughtered a mob of New Orleans’ Exconfederate soldiers in the spring of 1866 after a white mob destroyed the black district of Memphis. [was] Jacob Calhoun, professor of American history at Wabash College and reconstruction expert, said:
“Most scholars, let alone Americans, do not understand the scale of racial violence during reconstruction,” Calhoun said. “They send these troops only after unimaginable levels of violence.”
In the poll, black voters have come across a white gangster who wants to prevent them from voting.
“For most of American history, the idea that the US military will intervene in elections is a nightmare,” Calhoun said. “[Posse Comitatus] This long-standing belief is highlighted, but for more purposes. ”
After the party gained control of Congress in the 1876 election, “the most violent election in American history,” and the party gained control of Congress, Posse’s Comitatus was pushed into the Southern Democrats’ budget bill.
Historians say white lawmakers in the South after the war tried to enforce their ability to prevent black men from voting by banning federal forces from strengthening the local militia that protected them.
“When they control Congress, they want to cut the Army’s budget,” Dabert said. “They have attached this modification [their appropriations bill] This is the Posse Comitatus Act. ”
The bill gained support from Republicans who replied with the use of federal forces to carry out the 1877 railway attack.
“It’s the moment when a white Northern House member surrenders the South to the original con artist,” Calhoun said. “The Posse Comitatus Act makes racial violence the norm.”
However, the law itself was largely gone from memory and was rarely used for most of the next century.
“The Posse Comitatus Act was forgotten for about 75 years, from the reconstruction until essentially the 1950s, when defense attorneys challenged the evidence the Army had obtained,” Nevitt said. “The case law is [all] After World War II. ”
These cases turned on the troops that arrested, searched, seized and detained civilians, primarily. “The normal thing that LAPD does every day,” Nevitt said. The courts stood by the bedrock principle that military personnel should not be used to enforce laws against civilians except in times of rebellion and other extreme scenarios.
“Our country was largely forged because British forces were violating the civil rights of New England settlers,” Nevitt said. “I really can’t think of any questions that are more important than the military’s ability to use the military against Americans.”
But the law is full of loopholes, scholars said — particularly in relation to the use of the National Guard.
The Justice Department argues that Posse Comitatus does not apply to current military actions in Southern California, and even if that is done, soldiers deployed there are not violating the law. He also argued that the 9th Circuit’s decision supports Trump’s authority to call troops.
Some experts feel that the California case is strong.
“You literally roam the streets of Los Angeles military-driven with civil law enforcement,” said Silpi Agarwal, legal director at the ACLU in Northern California. [act] It is designed to prevent. ”
But Nevit is even more suspicious. He said that even if Breyer ultimately determines Trump’s troops are violating the law and grants it to a restraining order that California is sought, the Ninth Circuit will almost certainly defeat it.
“It’s going to be a tough fight,” the lawyer said. “And if they find a way to go to the Supreme Court, I’ll see the Supreme Court being with Trump too.”
[ad_2]Source link
