Trump and team's underlying strategy for unconstitutionally, thus federally illegally, presidentially federalizing state of California National Guard troops and deploying them, in the absence of their deployment to enforce violation of a federal felony-related law by the state, along with expressly combat US Marine troops, whose officially designated use is for foreign combat, to the streets of the city of LA, CA,, in response to a local crime scene of a comparatively small and police-contained riot, which, were it not readily containable by the LA police force, could have easily been contained by reinforcements of state police, the county sheriff's department and neighboring city police forces, standard practices for riots in CA and elsewhere, as well as, immediately put on high alert, if necessary, deployment of state National Guard troops by the governor of the state of California,, is:
'Operation Making a Mountain Out of a Molehill'
[for political-grandstanding strongman, authoritarian presidential military might and power display and their publicity and promotion of his strongman political persona and, further, for his thereby winning (subduing and silencing the political counterpart opposition) by intimidation and replicating this field test, if it is not deterred henceforth, by upholding and enforcing established federal law against it, by the GOP-majority US Congress or such Judiciary, [of] the president's constitutionally and federal statutory-law illegal discretionary use of the military on the local level as the standard, as the model, wherever chosen applicable].
Trump's modus operandi is to try to go as far as he wants or must, however legally and ethically wrong, at least fightback harm against him, to get his way, and, if he gets his wrongful way, for him to gloat and carry on, go forth, with it.
Trump will do everything that he can get away with, beforehand, to induce fear in and intimidate opposition votes to MAGA-GOP candidates in the November of 2026 midterm national elections so as not to lose his compliant MAGA-GOP majority memberships in the House of Representatives and Senate of the US Congress. He knows that with a majority membership of Democrats in either chamber or, for him, worse, both chambers of the US Congress that he will become a lame-duck president and might be impeached again as US president and possibly be removed as president in a presidential impeachment trial of him in the US Senate in which he is impeachment convicted. He is desperate and determined that none of this happens and will do everything he can meanwhile to avert it.
Another such extreme action underway in preliminary Congressional legislation originated and passed by the MAGA-GOP majority in the House of Representatives and sent to the Senate for its reconciliation and passage by the MAGA-GOP majority there, quite possibly or probably intended to impact the 2026 midterm national elections, is an unconstitutional Congressional statutory law stripping the Constitutional third co-equal and independent (separate) Judiciary branch of the federal government of its constitutional power to punitively sanction presidential violations of US constitutional and Congressional law and compel the president's compliance with them, wherein Congressional law is subordinate to supreme US Constitutional law and cannot violate the Constitution in order for it to be valid and existential, and the US president constitutionally has no law-making authority, as distinguished from federal law-enforcement authority, whatsoever (presidential executive orders are not laws but are federal executive policy directives and practices, which must be compliant with both US Constitutional and Congressional-statutory law in order for them to be legally valid -- they are applicable to federal executive branch agencies and personnel for their implementation and practice)
.
References
Amendment X, Tenth Amendment | U.S. Constitution | US Law | LII / Legal Information Institute (cornell.edu)
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Article I, Section 8 of the Constitution, Congressional Power to Declare War and Raise Armies - FindLaw
Article I, Section 8 of the Constitution of the United States enumerates Congress's powers. It grants the following powers to Congress regarding war:
"The Congress shall have Power . . .
[10] To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations
[11] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
[12] To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years
[13] To provide and maintain a Navy
[14] To make Rules for the Government and Regulation of the land and naval Forces
[15] To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions
[16] "To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress."*
This article provision of the US Constitution is the spatiotemporal textual explanatory antecedent of and verb-predicate for and interrelates with the Second Amendment of the Constitution in which the well-relegated militias of the states, renamed the state national guards, are constituted, selectively staffed according to formal uniformed physical-and-mental-fitness selection criteria or standards, equipped, provisioned and overseen (held accountable) by the state legislatures and the militia (national-guard) applicable legislation of these and led by their state commanders in chief, the state governors, subject to the laws of the US Constitution and laws and regulation of its subordinate the US Congress. Like the federal armed forces, according to this article provision of the Constitution, stated again for emphasis, they are subject to the constitutionally legal senior legislative and control authority of the US Congress, and not straightforwardly that of the US president independently of the armed-forces-related and state-militia-related laws of the supreme US Constitution and the constitutionally subordinate to it legislated statutory laws of the US Congress. State militias can be federalized respectively by the US president under emergency criteria established in federal law, including during a US war (constitutionally, a war formally declared by the US Congress), to enforce federal law, being Constitutional law or Congressional statutory law, that is compliant with Constitutional law, that state officials violate and fail timely or refuse to comply with, or when a governor requests or agrees to temporary presidential control of a state militia, for an acute and temporary law-enforcement support purpose or mission. The president cannot constitutionally or federally legally discretionarily take command and control of state militias, neither permanently nor temporarily.*
Not only does Congress have the enumerated powers listed above, but it also relies upon several other powers with regard to war. These include the following:
Article I, Section 8, Clause 1: The taxing and spending powers
Article I, Section 8, Clause 18: The necessary and proper clause
The U.S. Constitution grants Congress many war-related powers. Throughout American history, Congress and the president have offered conflicting interpretations of these and other powers.
The following sections describe some of these conflicts and relevant U.S. Supreme Court cases interpreting them.
§1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
(Added Aug. 10, 1956, ch. 1041, §18(a),
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1385 | 10:15. | June 18, 1878, ch. 263, §15, |
This section is revised to conform to the style and terminology used in title 18. It is not enacted as a part of title 10, United States Code, since it is more properly allocated to title 18.
Editorial Notes
Amendments
2021-
1994-
1959-
Posse Comitatus Act, 1878 (sdsu.edu)
Posse Comitatus Act, 1878
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both. -Title 18, U.S. Code, Section 1385 Modern Exceptions: Title 18 U.S. Code, Section 831, provides that if nuclear material is involved in an emergency, the Secretary of Defense may provide assistance to the Department of Justice, notwithstanding the Posse Comitatus Act. Title 10 U.S. Code, Chapter18, authorizes military support for civilian law enforcement agencies for counterdrug operations and in emergencies involving chemical or biological weapons of mass destruction. The Secretary of Defense may provide information, allow the use of military equipment and facilities, train law enforcement officials in the operation and maintenance of military equipment, and maintain such equipment. Support for law enforcement agencies may not impair military readiness, and military personnel shall not participate in searches, seizures, arrests, or similar activities unless such participation is otherwise authorized by law. (Military police personnel, for example, may enforce the law within their jurisdictions.)
*The reference to the "Air Force" in the Posse Comitatus Act of 1878, is a retroactive, amended, one, as when a military air force was created by the US Congress in the early 20th Century, the early 1900s, it was part of the US Army and became a separate branch or core of the US armed forces later,
Insurrection Act, 1807 (sdsu.edu)
Insurrection Act, 1807 [I]n all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States, as shall be judged necessary, having first observed all the pre-requisites of the law in that respect.
10 USC Ch. 13: INSURRECTION (house.gov)
US Congressional statutory law that authorizes the US president to take direct command of a state National Guard, or more, and use federal armed forces to suppress rebellion against the laws and government of the USA (such as the 01-06-2021 Trump MAGA-cult mob attack on the chambers of the US Congress, and its therein hunt for the US vice president and speaker of the House of Representatives, as well as on that same day and place and during the same timeframe the planned and attempted parliamentary misconduct of MAGA-GOP members of both chambers of the US Congress attempting subversively and treasonously, in violation of federal presidential election law, to disrupt, overthrow and change the ceremonial Congressional certification of the presidential Electoral College's decisive vote-count determination of the 11-2020 US presidential election in favor of Democratic Party candidate Joe Biden by large electoral-vote and popular-vote majorities over overwhelmingly majority-voter-rejected, presidential-term-expiring, incumbent President Donald Trump in order for them, with Trump and political team's respectively stoking and recruiting them, to illegally and subversively keep Trump in office as US president for a second term in disregard and defiance of the 11-2020 US presidential election's voter-will-of-the-majority choice of Joe Biden to be US president), to enforce state compliance with federal law of which it is in defiant or lasting derelict violation, or to establish order in states experiencing extraordinary scale mass violence and destruction or catastrophe beyond the management capability of state law-enforcement or crisis workers (including the state National Guard).
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