The
bluster of the president about the use of the U.S. Military along the
U.S.-Mexico frontier may be allowed because of precedent in recent
decades, but it flies in the face of the intent of the founders, as
they crafted the U.S. Constitution two hundred-plus years ago.
In
recent years, Congress has given the president power to send troops
pretty much anywhere in the world “to protect Americans and
U.S. Interests,” whatever they may be. The president has been
given powers that rightly belong to the Congress in these matters.
But the authority still stands.
But
now, Donald Trump has declared that he will use the U.S. Military to
patrol and protect the line between Mexico and the U.S. and that
becomes another matter. The founders were very skeptical about using
troops for law enforcement, anywhere inside the boundaries of the
nation. Marine Major Lawrence P. Stawicki, in a paper titled, The
United States Military and Domestic Peacekeeping, in 1995, according
to Globalsecurity.org, wrote, “There are some in the United
States who argue that
there
is no authority under Title lO of the United States Code (U.S.C.) to
use the military to quell civil disorder except under circumstances
equivalent to war. Others argue that the military mission is to help
civil authorities protect life and property, preserve social values,
and maintain the tradition of individual liberty together with social
order.”
Stawicki
said that the use of military units to enforce civil law is
“distasteful and dangerous,” but added that it was
preferable to “lawlessness and anarchy.” Sentiment
remained strong, he wrote, “that maintaining a standing army in
peacetime would be dangerous to the liberties of the people. To
appease the localists, many writers of the Constitution published
articles explaining that the Army was merely to be used to suppress
rebellions and dangerous insurrections. Alexander Hamilton and James
Madison used their Federalist Papers to express their views.”
No
one, so far, has declared that the “caravans” (Trump's
word) of immigrants are coming through Mexico to the U.S. border
states are “circumstances equivalent to war.” (That is,
if the leaders of the “caravan” even intended to reach
the U.S.) There have been news reports that the “caravans”
are in Mexico, with migrants from states to the south of Mexico and
that Mexico is taking steps to halt the groups. That makes no
difference to Trump, who will claim that anything that does not
concur with his assertions are “fake news.” To hear him
tell it, you'd think that they are right on the other side of the Rio
Grande River and are about to pounce on American soil.
Trump's
impulse to call out the Marines and the Army and the Air Force is
that neither the American people, nor many politicians want to build
and pay for Trump's Wall, which by some estimates could cost some $30
billion. It doesn't matter that other administrations have used the
military for similar purposes. And, there are few observers of the
history of walls who believe that such a wall (he calls such a
monstrosity “a beautiful wall”) would stop very many bent
on crossing it.
He
does not seem to know (as he is ignorant of so many things) that the
immigration into the U.S. peaked about a decade ago. But, as in so
many “decisions” of this president, the decision seems to
have been made on the spur of the moment, without consultation with
anyone who has an iota of knowledge of walls or immigration or
foreign policy. So, he just plunges ahead, taking his lead from his
favorite news source, Fox News.
The
Constitution gave Congress the power to “suppress insurrection,
and repel invasion.” It remains to be seen whether the
crossing of a border line constitutes an “insurrection”
or an “invasion” that must be repelled. Does it take an
army to keep people from seeking refuge and asylum, or seek a better
life for themselves and their families? These are unarmed people,
who are leaving their home countries because they need to put food on
their families' tables and keep a roof over their heads. Most people
in this country would do no less for their families.
The
usual response from the political right in the U.S. is that they
should straighten out their own circumstances and their own
governments and they would not have to migrate north. Naturally,
this ignores more than two centuries of interference in their
governments by the U.S., mostly to secure the abundance of natural
resources of those nations, not to benefit the people there, but to
benefit Americans and, more importantly, American corporations. No
one should forget the power of the United Fruit Company in Central
America and no one should forget that there are innumerable other
examples of corporate and U.S. government intrusions over the past
200-plus years. While that may not explain all of the troubles of
the people of the Western Hemisphere, it explains most of them. The
history is out there for all to see. For starters, one could read
“Open Veins of Latin America,” by the late Eduardo
Galeano.
While
there have been few voices to challenge Trump in using the military
to perform what is essentially a law enforcement function, the idea
is out there and, as erratic as the president is in most matters,
there are probably those who believe that he will change his mind in
a short while, surprising his cabinet and the American people. It
would be more of a surprise if he made a decision and stuck with it.
Over
the past several decades, American administrations have moved at
varying paces toward the militarization of the police and this threat
by Trump is a more blatant move to make the military a law
enforcement entity. What is not considered is the cost of such an
operation of a military solution to combat the continually
diminishing flow of migrants into the U.S. (as if Trump ever
considers the cost of anything). The logistics of placing troops,
say, 100 yards apart for several thousands of miles along the
frontier is monumental, to say the least. Just providing food and
shelter for those many thousands of troops would be extremely costly,
and may outstrip the cost of Trump's “beautiful,”
ridiculous and wasteful border wall. It will likely outstrip the
cost of Trump's military parade, which he seems to be getting, again
at a cost of some $25 million-$50 million.
For
Trump, however, the social and political cost of militarizing the
police and turning the military into a law enforcement arm are
nothing to be considered. We have seen the “shoot first, ask
questions later” attitude result in deaths in great number and
the impunity with which black Americans are dealt so harshly is an
atrocity, bordering on what even the international community could
consider to be an ongoing human rights violation. It's a slippery
slope that Trump is riding at this time and the people are the ones
who pay the price for his ignorance and inexperience in things
governmental. We are waiting for the day when Trump can stand before
the people (through the news media he is trying to destroy) and
explain himself on any issue. A good starter would be the abuse of
the military's role in law enforcement, when it clearly does not
involve an “invasion” or an “insurrection.”
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