The latest executive order by President Donald Trump is another unconstitutional measure, wherein he claims that “authority is vested in me [him] as President by the Constitution and the law of the United States of America” to order the selected reserve of the armed forces of the US to active duty.
Nothing could be further from the truth, and why is he even attempting to do this?
First, under our Constitution, Congress calls up the military in the service of the US and then, and only then, does the president become commander-in-chief. He does not appoint himself to that title.
- Enumerated Powers of Congress
- The President’s Enumerated Powers – Rulemaking by Executive Agencies & Executive Orders
Second, he has no authority to call up those since there is no defense mechanism in which America is at war. I know Trump has declared himself a wartime president, but that simply is not the case.
However, in an executive order dated April 30, 2020, Trump declared:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 12304 of title 10, United States Code, and having determined that it is necessary to augment the regular Armed Forces of the United States for a named operational mission, specifically the “Enhanced Department of Defense Counternarcotic Operation in the Western Hemisphere,” I hereby order as follows:
Section 1. Activation Authority. The Secretary of Defense is directed to order to active duty for not more than 365 consecutive days, any units, and any individual members not assigned to a unit organized to serve as a unit, of the Selected Reserve under the jurisdiction of the Secretary of Defense, not to exceed 200 Selected Reservists at any one time, as he considers necessary.
Sec. 2. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
April 30, 2020.
Just like the usurper, Obama, Trump, with a pen a phone simply declared it to be so, but without any constitutional authority.
In other words, you can’t cite an article, section or clause to justify this.
The obvious question should be, why?
Considering that he is pushing now for a vaccine, in light of his previous statements against such a thing, it should be obvious as to what is about to take place in the US.
We are about to have our own military turned against us, or at least a portion of them.
And lest you think this farfetched, consider that many in police departments have already turned against the people to enforce unconstitutional orders by governors.
Meanwhile, there are many police who are standing with the people.
- It’s Not Just The People Standing Against Tyranny – Many Police Are Now Standing With Them
- Police Have Begun To Revolt Against Tyrannical Edicts From Local Authoritarians
The obvious question is this: Why has President Trump usurped the clear words of the Constitution at this point in time regarding our military?
I’ll leave the reader to ponder that… or in the case of political idolators, defend the indefensible actions.
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