I am not going to use the “H” word, but after banning certain people from traveling to this country, choosing a group of citizens whose rights he chooses to remove to please his base, putting children in cages because they are seeking refuge from the countries ours has messed up, and threatening other countries with war, Trump has yet another plan that brings him closer to the man whose book sits on the nightstand beside his bed according to an ex-wife, and a book he claimed he got from a Jewish friend only to deny later that he had ever been given the book or even knowing if his friend was Jewish.

After all, how can you afford to acknowledge having a friend who is Jewish and still say people who chant, “Jews will not replace us” are good people.

So I will avoid the “H” word.

But:

Trump is considering invoking the Insurrection Act in order to give federal troops the power to detain and remove undocumented immigrants having the act as Immigration and Customs Enforcement agents.

This is obviously an abuse of authority to score political points with his base and consolidate his own power.

The Posse Comitatus Act prevents a president from using the military as a domestic police force. It is clearly based on the belief that using military power to enforce the civilian law is harmful to both civilian and military interests. As our armed forces are not trained for conducting law enforcement activities, but for war and war related conditions, the interaction with civilians could go really wrong, and every soldier engaged in law enforcement would be pulled away from military priorities especially when, besides existing military arenas, Trump seems to be looking forward to more.

The Insurrection Act allows the president to deploy federal troops to suppress domestic uprisings and enforce the law if civilian law enforcement are unable to, but in the most extraordinary situations where absolutely necessary to preserve civil order.

The last time it as used was in 1992 when George H.W. Bush when used it to help suppress the Rodney King riots in Los Angeles following the acquittal of police officers.

The presence of undocumented immigrants within the United States does not justify invoking this emergency power.

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The Insurrection Act allows the president to deployment of federal troops

“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.”

It is up to the discretion of the president to invoke this Act which calls on dozens of special statutory powers without actually defining the terms or specifying any substantive criteria or it.

There are no provisions for judicial review or limits on how long the powers they confer may be exercised. Although any member of congress can force a vote on a resolution to terminate a state of emergency, it requires a veto-proof majority, and as to ceasing the use of the Insurrection Act Mitch McConnell could prevent the Senate from considering any legislation to call off the troops.

Both acts were written and passed in the forms they exist because the assumption was that the president would exercise discretion and could be trusted to act honorably and in the nation’s interest, something that with Trump is questionable.

He has, after all, attempted to get money for his wall by declaring a national emergency so he could shift money around to get it.

And, while people in government and his base just accept what he does without question, the future will ask, as it was asked before, how “this” could have happened.