Donald Trump’s disregard for core democratic values is well documented. Despite being the President of the greatest democracy in the world (at least on paper), he is acting like an authoritarian leader who knows no one has the courage or means to stop him. Just look at how the Posse Comitatus meaning is lost to him and how he’s putting the final nail in the coffin of this once-important act.
What is Posse Comitatus Meaning?
Passed in 1878, the Posse Comitatus Act effectively forbids the federal military from taking part in civil law enforcement. It only makes exceptions in “cases and under circumstances expressly authorized by the Constitution or Act of Congress.” In a perfect world, it is a safeguard that limits the power of government.
However, Posse Comitatus has several loopholes that are slowly but surely pushing it towards being a dead letter. For example, the National Guard is exempt from the act until it comes into federal service. But the District of Columbia National Guard is under the control of the President, who can deploy it as he sees fit. This was the case in August 2020, when Trump deployed the National Guard troops to police peaceful protests in the wake of George Floyd’s murder.
Trump is Becoming More Efficient in Sidestepping the Posse Comitatus Act
Trump has been efficient in his dilution of Posse Comitatus meaning and sidestepping this law. Despite being explicitly banned from using the military to enforce domestic policies on U.S. soil, he still managed to deploy active-duty troops to the southern border and task them with detaining and searching individuals.
It isn’t a novelty for the military to be present at the U.S. border, but its role was previously limited to support and logistics. The expansion of that role was made possible by Trump declaring a national emergency at the border and then designating two sections as “National Defense Areas,” effectively turning them into military installations.
Trump’s Actions Weaken Safeguards Against Military Misuse
Trump disregarding Posse Comitatus meaning and purpose is already alarming enough. However, this could lead to even more serious consequences. Trump could be encouraged to finally get his big wish and invoke the Insurrection Act of 1807, giving him the power to deploy the military as he pleases. Then, his transformation from a reality TV star to a dictator would be complete.
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