Lets go to Law School

Tuesday 06/002/2020 at purt near 5:30 a.m. EST

May it please the court, your honor and the ladies and gentlemen of the jury,

In the last several days we have all seen the stories of the riots and looting in major American cities and how this part of the narrative has dramatically pushed aside the reporting and the demonstrations about the death of George Floyd. The rioters and the looters have seen the marching and demonstrating as the perfect cover to loot, steal and pilfer their way through their local economies with the goal I guess of stocking their liquor cabinets(?), upgrading their Big Screen TV's and destroying as much and as many police vehicles and their equipment as they possibly can.

Many persons on social media have called on the sitting President to deploy the military in order to restore order in our cities and even President himself has seemingly threatened to do so by tweeting out that "When the looting starts, the shooting starts". Now I am not in a political discussion here, this is just a factual recount of what has actually occurred. There are no opinions in that last paragraph, however, just facts.

No civilian seems to really understand why the use of Federal Troops to quell domestic rioting is precluded under our constitutional system of government and federal law however, the short answer is "States Rights". The right to manage their own tranquility in enshrined in the Constitution and is barred from being usurped by any act of Congress or President. This is our system of governance and was created in part to ensure that no sitting Federal member of the Government could ever achieve enough power or have enough sway over the military to create a functional dictatorship. We are not a pure "Democracy" while rules by fiat and majority rules by higher percentage vote, we never have been. Our system of government wasn't ever designed to be interpreted as one where one person ever had enough power to "Rule" as in a kingdom.

Instead, we are more accurately described as a Democratic Republic.
“The United States is a republic, not a democracy. This is one of those oft-repeated expressions that one hears in a civil discourse whose meaning nevertheless remains somewhat fuzzy. After all, the word “republic” — deriving from the Latin phrase res publica, or “the people’s concern” — suggests a measure of popular involvement in government. And the authors of the Constitution were radically republican, at least for their age, believing that the only legitimate form of government was one in which public authority derived entirely from the people. Their primary method of doing this was the separation of power across three branches of government. The public retains control over each branch, but the link between the people and each branch is conditioned by different factors. The House remains the most sensitive to public opinion, with representatives directly elected by the people to two-year terms. The president and Senate were originally intended to be less sensitive, with longer terms and mediating institutions (the Electoral College and state legislatures, respectively). Now, they are much closer to the public — with the Electoral College has become a nugatory pass-through for state plebiscites, and the Senate being directly elected by the people since the ratification of the 17th Amendment in 1913. The courts were to be the most immune of the branches to public opinion on a day-to-day basis, but, importantly, their composition and jurisdiction were to be determined by Congress and the president. And as additional protection, a federal system was created whereby the national government possessed only enumerated powers, with the remainder of governing authority being explicitly retained by the states." 

Above quote taken directly from ---> The American Enterprise Institute

Here is one of the main reasons why the President cannot pick up the phone and order direct military action to quell a disturbance, uprising, or riot. Many seem to think he can, however, his powers are limited by the Constitution and Federal Law. The Posse Comitatus act of 1878 and as amended in 1956 and 1981, is a US Federal Law that was signed into law on June 18, 1878, by President Rutherford B. Hayes. It is also called by another name occasionally, The Knott Amendment by spurious politicians wishing to have the formality of the act be distanced from their names. It works somewhat in concert with the Insurrection act of 1807 in that its purpose is to limit the use of federal army troops to enforce domestic law and policy, within the US border within the United States of America.

It was updated in 1956 and in 1981 to modernize its use and language and specifically mentions application only towards the use of the US Army and the US Air Force. Although the act does not specifically mention the US Navy or the US Marine Corps, both of those services have regulations written which preclude their use by political forces to enforce the political policy of the times. Their regulations are written to give the Posse Comitatus act force as applied to these services as well. The US Coast Guard and the US Space Force are not mentioned in the application of this law, mostly because they both have recurring domestic law enforcement duties. The Coast Guard is also part of the Homeland security Group of the Federal Government and as such is not considered as a "military service" per se.

The act also does not apply to the Army National Guard and the Air Force National Guard on duty in each state as these are civilian controlled elements of the military that report directly to the Governor in each state. The title of the law comes from the legal concept known as "posse comitatus" the authority under which a county sheriff or other law enforcement official may conscript or "deputize" any able-bodied person to assist in keeping the peace for a defined period.

There are Exceptions to the law specifically:
The Insurrection act of 1807 (10 USC 251-255) empowers the president to deploy military troops within the US Border in exceptional cases such as the need to establish or suppress civil disorder, insurrection, or rebellion.  Any Federal troops deployed to an area within the US however can only be sent at the request of duly elected civilian government officials such as the State Governor or the state Legislature. Without such a request the troops cannot be used for domestic peacekeeping duties, no matter the need.

In the past, the Insurrection act has been used and regular US Army troops deployed in the wake of heavy looting after Hurricane Hugo in 1989 and to restore order during the riots in LA in 1992. The act has only been invoked twice since 1968.

7.62-millimeter full metal jacket

1. Alexa gets smarter and smarter (or we get dumber and dumber) depends upon your viewpoint. They have now upgraded (or made more invasive) all Alexa devices as now you can use all of your voice-enabled devices as an intercom with the ability to have two-way conversations with every Alexa enabled device in your whole house.
   
   
2. The United States Supreme Court could act as soon this coming Monday, June 8th, 2020 in deciding to hear as many as (10) ten appeals that could expand gun rights cases in the US in support of the Second Amendment. One of the cases under consideration would examine the question of the right to carry a handgun in public nationwide. Any of the cases being appealed would enhance constitutional firearms protections.
   
   Personally, I hope they kill all of the BS laws in New Jersey which is the silliest state in the union, as they have been known to lock up active police officers in pursuit of felons because they crossed into New Jersey with a Handgun. Their laws are the worst offense to a legal right to carry in the United States. If all the Supreme court did was render their laws moot and unconstitutional, I would take that as a victory for now.
   
   Keep an eye out for news from the Supreme Court as they update their docket next Monday, June the 8th at 9:30 a.m. for details. It could also be that they don't have the balls to wade into this subject right now because of the rioting. Who Knows.
   
   
3. A Seattle WA police officer was caught on video pulling another police officer's knee off of the neck of a detained suspect yesterday. The arresting officer is seen with his knee on the arrestee's neck for about 13 seconds before an intervening officer steps in, says "Get your knee off man", then reaches down and pulls his knee off and puts it on the suspects back.
   
   See if one of those turds around George Floyd had just done that, he would still be alive.
   
   
4. Floyd Mayweather is going to pay for George Floyd's funeral. Way to go Floyd!
   
   
5. Carole Baskin has been totally awarded by a Federal Court judge, the Oklomaho zoo formerly belonging to Joe Exotic and the current occupant has 120 days to leave and take his animals elsewhere. I'm sure Joe won't care as he is spending the next 22 years in prison.
   
   Still haven't watched a single minute of that show.
   
   Meow.
   BigMike