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re: Question: Why can't Trump send the Marines to protect the border?

Posted on 2/12/20 at 1:31 pm to
Posted by fjlee90
Baton Rouge
Member since Nov 2016
8518 posts
Posted on 2/12/20 at 1:31 pm to
quote:

Surely we have enough man power in the Middle East with the Army and Air Force.


No slight against either of those branches, but with the Marines I know... I'd rather have them wrassling the camel jockeys. Guys are insane.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
62739 posts
Posted on 2/12/20 at 1:33 pm to
quote:

And the Department of the Navy follows the Act as a matter of policy.


Perhaps, but the USN has a history of supplementing domestic law enforcement, particularly in the area of drug interdiction. Decommissioned VAW-77 out of Belle Chasse and frigates formerly home ported in Pascagoula, MS, come to mind.
Posted by Centinel
Idaho
Member since Sep 2016
44312 posts
Posted on 2/12/20 at 1:34 pm to
quote:

Why would the Posse Comitatus Act override Article II Section 2 of the Constitution?



The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

Nowhere does this say the President can call up and deploy the military when/where he/she wants. This power is a modern one ceded to the Executive by Congress out of sheer laziness, and occurred long, long after Posse Comitatus was law.

quote:

Is he the Commander in Chief of the Army Navy and Militia or not?


See above. He can call up the militia (National Guard) under Title 10, but at such time those NG unites become federal, and therefore subject to PC and Title 10 law.

quote:

Congress has passed laws limiting them on our soil but wouldn’t that be up to the president?


No, it's up to Congress. See above.

quote:

What’s the purpose of being the Chief of the Militia of the states if they can’t be put forth on our soil?


See above again.

quote:

By the way I think there is precedence that the Air Force is considered part of the Army and the Marines are part of the Navy for purposes of constitutional law.


This is irrelevant to the discussion at hand.
This post was edited on 2/12/20 at 1:37 pm
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
87609 posts
Posted on 2/12/20 at 1:35 pm to
quote:

Posse Comitatus


“Did you just call me a pussy communist?”

- GD Spradlin, “Tank”

Posted by Centinel
Idaho
Member since Sep 2016
44312 posts
Posted on 2/12/20 at 1:35 pm to
quote:

Perhaps, but the USN has a history of supplementing domestic law enforcement, particularly in the area of drug interdiction.


Technically that's outside of our borders. Which is why it doesn't fall under a Title 10 violation either.
Posted by Erin Go Bragh
Beyond the Pale
Member since Dec 2007
14918 posts
Posted on 2/12/20 at 1:36 pm to
quote:

Surely we have enough man power in the Middle East with the Army and Air Force.

Consider the border protection experience gleaned while on the Korean peninsula.
Posted by CrimsonTideMD
Member since Dec 2010
7112 posts
Posted on 2/12/20 at 1:37 pm to
quote:

Posse Comitatus Act


Tijuana to El Paso: National guard

El Paso to Brownsville: Coast guard

Problem solved
Posted by Sidicous
NELA
Member since Aug 2015
19296 posts
Posted on 2/12/20 at 1:39 pm to
quote:

It’s also an instant debunk of the left’s dream of using military force to one day disarm the populace.
Pffft, since when have ProgFilthLeftists ever concerned themselves with little things like legality?
Posted by extremetigerfanatic
Member since Oct 2003
5851 posts
Posted on 2/12/20 at 1:41 pm to
You seem to be be sure. The constitution says that the president is the sole chief when the army and navy are “called into the actual service of the United States”.

What does that even mean? Are we saying that while we have a standing army and navy that literally patrol the world they aren’t currently called into service?
Posted by Centinel
Idaho
Member since Sep 2016
44312 posts
Posted on 2/12/20 at 1:46 pm to
quote:

What does that even mean?


When Congress authorizes the deployment of the military, POTUS is the CinC.

It's part of our tradition that the military is controlled/run by civilians, not Generals.

quote:

Are we saying that while we have a standing army and navy that literally patrol the world they aren’t currently called into service?


Again, this goes back to Congress ceding authority to the Executive. At any point Congress could remove this authority. Not that they will.



Posted by arcalades
USA
Member since Feb 2014
19276 posts
Posted on 2/12/20 at 1:49 pm to
bc sending them nearby doesn't earn much money for the military industry. It's a money making scam. Accept it; understand it; you'll understand this country a lot more.
Posted by 14&Counting
Dallas, TX
Member since Jul 2012
41479 posts
Posted on 2/12/20 at 1:58 pm to
quote:

I didn't know this existed.


Posted by sotex
Member since Oct 2018
230 posts
Posted on 2/12/20 at 2:04 pm to
Marines are very, very good at breaking/shooting/killing things. I'm not sure how much of that would help on the border in an election year. Good thought though.
Posted by Zach
Gizmonic Institute
Member since May 2005
116748 posts
Posted on 2/12/20 at 2:04 pm to
quote:

That’s not what the Marines are for.


My son the Marine showed me a poll. The question to Marines was 'Why did you want to become a Marine?'
Top 3 answers in order:

1. To prove something to myself.
2. Being able to kill people legally.
3. I have no friggin' idea.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
62739 posts
Posted on 2/12/20 at 2:10 pm to
quote:

Technically that's outside of our borders. Which is why it doesn't fall under a Title 10 violation either.



Posted by SoFla Tideroller
South Florida
Member since Apr 2010
39152 posts
Posted on 2/12/20 at 2:12 pm to
I think it would face severe legal challenge (and I'm against using DOD personnel for border security), but I'm not sure Posse applies here.
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 2/12/20 at 2:38 pm to
quote:

That’s not what the Marines are for.


The security of the United States of America is not a duty of the military??
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 2/12/20 at 2:39 pm to
quote:

I would think Posse Comitatus wouldn't apply to border protection.


Exactly.
Posted by Centinel
Idaho
Member since Sep 2016
44312 posts
Posted on 2/12/20 at 2:41 pm to
quote:

Exactly.


Go back and read my posts.

I explained why it does in detail.

Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 2/12/20 at 2:43 pm to
quote:

Nowhere does this say the President can call up and deploy the military when/where he/she wants.


So what?
Do it anyway and let it wind itself through the court system.



*inb4POLICESTATE!!!*
This post was edited on 2/12/20 at 2:45 pm
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