Professor Yoo - before the ICE riots errupted, the California governor threatened to block transfer of California taxpayer federal withholding. How should Trump respond?
"Californians pay the bills for the federal government. We pay over $80 BILLION more in taxes than we get back. Maybe it’s time to cut that off, @realDonaldTrump," the governor posted on X Friday afternoon.
(Obviously Newsom the has no clue how 99% of payrolls are processed, but CA has an extremely reckless legislature so who knows what will next happen.)
It is important to remember that the Posse Comitatus Act of 1878 was passed in connection with the end of Radical Reconstruction - it was intended to prevent the federal government from continuing to enforce civil rights laws in the face of Southern resistance.
Indeed! The same Southern Democrats who proclaimed themselves defenders of liberty had no problem when Posse Commit at us was employed to have Army enforce the Fugitive Slave Act.
Also see: An American Insurrection: The Battle of Oxford, Mississippi, 1962 by William Doyle which recounts the Kennedy admin's use of MS NG to rescue US marshals protecting James Meredith from rioters including MS state police and incited by the Democrat governor of MS.
LBJ sent the Army into Detroit in 1967 to quell riots, not to protect federal LEOs or officials. He didn't ask the Governor's permission either. The National Guard is the military for which Presidents are supposed to wait for the Governor's permission (but not absolutely so).
I'm not a JAG but I don't think that's entirely accurate. A guy named Nicholas Moran who is a YouTuber, historian, former US Army armor officer, and current serving NG Officer, produced a very informative video that at least touches on the hows and wherefores of the Active/Reserve/NG distinctions and activations. It also covers some other interesting legal bits and pieces related to UCMJ.
The primary difference that I got from his information, related to Posse Comitatus, is that NG units (and Active units under a NG commander) can perform LEO duties within a state if activated by the Governor because PC only affects Active formations. What the Feds can't do is nationalize the NG and then have it perform missions that are only valid under state authorization.
My comment was not about the NG, so your reply is irrelevant. Also, cf Bush One sending in the Army and Marines to quell the riots in LA. NG was irrelevant.
The case for National Guard is strongest when, like the desegregation cases, the relevant governor is actively resisting or obstructing federal law.
I’m trying, and failing, to imagine this happening in the South, where federal troops were last deployed to overcome a governor obstructing federal law.
What a coup for him. He wants this so badly. He'd proclaim himself a "political prisoner" of the "fascist Trump administration." What better victimhood could he aspire to? I think Trump (and Homan) won't do it unless he actually physically attacks an ICE agent on camera. And even then they might not.
Agree. Of late there are those saying Gavin is moving toward The Middle. IMO this has killed that idea. Here we see another 80/20 issues, and what do the Democrats do? Pick the 20. ts like they ask themselves What Politically Stupid Thing can do today?
They think they are championing the underdog. Repeated bad behavior by their "clients" doesn't make them underdogs, it makes them thugs and savages. Why the Democrats can't see that escapes my understanding.
I think the latter manipulate the former to help achieve their ends. The formers are the infamous "useful idiots" and there are more of them the wanna-be totalitarians.
What is it with Democrat governors trying to stop Federal Supremacy? All three examples are Republican Presidents facing Democrats.
It’s the long march of Marxism and this time! they’ll do it right.
Professor Yoo - before the ICE riots errupted, the California governor threatened to block transfer of California taxpayer federal withholding. How should Trump respond?
"Californians pay the bills for the federal government. We pay over $80 BILLION more in taxes than we get back. Maybe it’s time to cut that off, @realDonaldTrump," the governor posted on X Friday afternoon.
(Obviously Newsom the has no clue how 99% of payrolls are processed, but CA has an extremely reckless legislature so who knows what will next happen.)
He who pays the piper calls the tune!
Add to the list.
California politicians:
Can’t stop rampant crime.
Can’t stop homelessness.
Can’t stop wildfires.
Can’t build high speed rail.
And now:
Can’t stop rioting.
It is important to remember that the Posse Comitatus Act of 1878 was passed in connection with the end of Radical Reconstruction - it was intended to prevent the federal government from continuing to enforce civil rights laws in the face of Southern resistance.
Indeed! The same Southern Democrats who proclaimed themselves defenders of liberty had no problem when Posse Commit at us was employed to have Army enforce the Fugitive Slave Act.
Also see: An American Insurrection: The Battle of Oxford, Mississippi, 1962 by William Doyle which recounts the Kennedy admin's use of MS NG to rescue US marshals protecting James Meredith from rioters including MS state police and incited by the Democrat governor of MS.
“It’s Political Insanity”: Gavin Newsom Denounced for Criticizing Feds When He Can't Control Looting
https://www.youtube.com/watch?v=Jv7vJZQZjpE
"Mostly peaceful riots" and "Big Beautiful Bill." I don't know which I admire more as creative new extensions of the English language.
I like that Trump is acting quickly, decisively, and effectively. Let's hope Gavin doesn't lose his head and fire on Fort Sumter.
With what? The already shrunken and demoralized LAPD is being attacked by the military aged men illegals.
LBJ sent the Army into Detroit in 1967 to quell riots, not to protect federal LEOs or officials. He didn't ask the Governor's permission either. The National Guard is the military for which Presidents are supposed to wait for the Governor's permission (but not absolutely so).
I'm not a JAG but I don't think that's entirely accurate. A guy named Nicholas Moran who is a YouTuber, historian, former US Army armor officer, and current serving NG Officer, produced a very informative video that at least touches on the hows and wherefores of the Active/Reserve/NG distinctions and activations. It also covers some other interesting legal bits and pieces related to UCMJ.
https://youtu.be/nAsZz_f-DUA?si=rx9X4jY0rxdGfV9V
The primary difference that I got from his information, related to Posse Comitatus, is that NG units (and Active units under a NG commander) can perform LEO duties within a state if activated by the Governor because PC only affects Active formations. What the Feds can't do is nationalize the NG and then have it perform missions that are only valid under state authorization.
The NG isn’t being called up to perform police functions, from what I have read.
My comment was not about the NG, so your reply is irrelevant. Also, cf Bush One sending in the Army and Marines to quell the riots in LA. NG was irrelevant.
The case for National Guard is strongest when, like the desegregation cases, the relevant governor is actively resisting or obstructing federal law.
I’m trying, and failing, to imagine this happening in the South, where federal troops were last deployed to overcome a governor obstructing federal law.
Is your governor trying to get arrested?
"Is your governor trying to get arrested?"
It would not surprise me if he was.
What a coup for him. He wants this so badly. He'd proclaim himself a "political prisoner" of the "fascist Trump administration." What better victimhood could he aspire to? I think Trump (and Homan) won't do it unless he actually physically attacks an ICE agent on camera. And even then they might not.
Agree. Of late there are those saying Gavin is moving toward The Middle. IMO this has killed that idea. Here we see another 80/20 issues, and what do the Democrats do? Pick the 20. ts like they ask themselves What Politically Stupid Thing can do today?
They think they are championing the underdog. Repeated bad behavior by their "clients" doesn't make them underdogs, it makes them thugs and savages. Why the Democrats can't see that escapes my understanding.
For some its Ideology (True Believers), for others its Power (getting More, Fear Of Losing the Power they have).
I think the latter manipulate the former to help achieve their ends. The formers are the infamous "useful idiots" and there are more of them the wanna-be totalitarians.