Okay, This Is Scary As Hell.

Click here for an article in The New York Times by David French, entitled "It's Time to Fix America's Most Dangerous Law."

It concerns The Insurrection Act (1792), "a federal law that permits the president to deploy military troops in American communities to effectively act as a domestic police force under his direct command." French calls it a law "that Donald Trump, if re-elected president, could use to destroy our republic."

 French writes that one section of the Act "gives the president the ability to call out the National Guard or the regular army '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.' Note the key language: 'whenever the president considers.' That means deployment is up to him and to him alone."

Another section "grants the president the power to 'take such measures he considers necessary' to suppress 'any insurrection, domestic violence, unlawful combination or conspiracy.' This broad grant of power makes the Insurrection Act far more immediately dangerous than many other threatened Trump actions, such as prosecuting political opponents and transforming the federal work force. Judicial review can blunt many of Trump’s worst initiatives, but there’s no such obvious check on the use of his power under the Act." 

What could happen? "An angry, vindictive president could send regular army troops straight into American cities at the first hint of protest. This would place both the American polity and the American military under immense strain. While the former consequence may be more obvious, the latter is also important. Many soldiers would be deeply unhappy to be deployed against their countrymen and would be rightly concerned that a reckless deployment would be accompanied by reckless orders. Dominating the streets of New York is not the mission they signed up for."

You might wonder why the Insurrection Act hasn’t presented much of a problem before now. It’s been used rarely, and when it has been used, it’s been used for legitimate purposes. For example, it was used repeatedly to suppress racist violence in the South during the Reconstruction era and the civil rights movement. Most recently, George H.W. Bush invoked it in 1992 — at the request of the governor of California — to assist in quelling the extreme violence of the Rodney King riots in Los Angeles.

That historical restraint has been dependent on a factor that is utterly absent from Trump: a basic commitment to the Constitution and democracy. Previous presidents, for all their many flaws, still largely upheld and respected the rule of law. Even in their most corrupt moments, there were lines they wouldn’t cross. Trump not only has no such lines but also has made his vengeful intentions abundantly clear.

The article concludes:

When you read misguided laws like the Insurrection Act, you realize that the long survival of the American republic is partly a result of good fortune. Congress, acting over decades, has gradually granted presidents far too much power, foolishly trusting them to act with at least a minimal level of integrity and decency.

Trump has demonstrated that trust is no longer a luxury we can afford. It’s time to take from presidents a power they never should have possessed. No man or woman should be able to unilaterally deploy the armed forces to control America’s streets.