TRUMP IS THREATENING TO USE THE INSURRECTION ACT– HERE IS WHAT IT ACTUALLY SAYS

So I have been suggesting folks be smart out there in Minneapolis and across the nation.

Most everybody wants the militarized ICE operations to end– even Joe Rogan is bashing the “gestapo” tactics–– but people have be SMART and look to make a deal to remove illegal aliens in other ways, not just give Trump an excuse to up the pressure with even greater federal force.

So far things have continued to escalate– and I hate that.

Troutman wants to SAVE the UNITED States, not see us continue to unravel. We need to be SMART and respect the law while protecting our communities from overreach here:

WE NEED A DEAL ON IMMIGRATION ENFORCEMENT RIGHT NOW.

But bottom line it looks like we’re going to see federal troops in Minneapolis soon under the Insurrection Act– and that’s just a terrible thing. But it might also end up being LEGAL.

So what does the Insurrection Act actually say?

Well there are three provisions to keep in mind– and here they are:

First, section §252 provides:

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.

So couple of pieces to this provision. The assembly or obstruction must be “unlawful” and it must make it “impracticable” for federal law to be enforced.

Hmmmm.

Second section §253 says:

The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—

(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

So here you need some sort of underhanded or violent action that is depriving citizens of rights protected by the constitution or the law.

The Insurrection Act was perhaps most famously used by Eisenhower to force Little Rock schools to desegregate. It has also been used in Mississippi in 1962 and in Alabama in 1963 in furtherance of federal rulings granting rights to minority groups and desegregating schools.

It is ironic that the Insurrection Act– last used for progressive causes and to expand civil rights– may soon be used for purposes quite different.

But like it or not, the law is the law. And if it is not respected on a grant enough scale Trump will–and can lawfully– call in the military to assist (AND NOBODY WANTS THAT!)

One last thing– before Trump can order the use of the Insurrection Act he must first order everybody to go home peacefully under section 254:

Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time.

This has actually worked a couple of times, such as in Alabama in 1965, Detroit in 1967, Chicago in 1968 and in Baltimore in 1968.

Those were wild times. And the Insurrection Act proclamations delivered peace without armed conflict between the military and the citizens.

Let’s hope all of that can be avoided this time around.

Much love.

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