My wise friend asked this question over breakfast this
morning at LaPeep. I almost choked on my veggie omelet. Remarkably, that seems
possible, especially if the U.S. had a Boston Marathon or San Barnardino-type
attack on his watch. Would Trump round up all Muslims and put them in
concentration camps? Or would he use this power to round up 11 million unlawful aliens?
So, here is the short answer: Congress enacted a statute in
1878, the Posse Comitatus Act, which forbids military involvement in domestic
law enforcement without congressional
approval. It came about after more than a decade of federal occupation of
former Confederate states (recall Reconstruction). A bitterly disputed
presidential election, somewhat similar to Bush-Gore in 2000, was the impetus
for the law. It’s been invoked only once, when President Eisenhower used
federal troops to enforce a school desegregation ruling by the U.S. Supreme Court. There, now, are you relieved? I didn’t think so. (Note: Both chambers of Congress are under Republican control, so....)
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