California hopes law from bloody era of U.S. history can rein in Trump

California’s struggle to struggle with President Trump’s deployment of troops to Los Angeles is based on the 19th century law and a spaghetti is a name that seems to be withdrawn from the West.

This week, a very important decision, Senior US regional judge Charles R. Breyer, the Federal Government, the actions of the troops in Southern California, the Posse Comitatus Law of 1878, the state officials who want to prove the violation of the civilian laws ordered the evidence of civil laws.

Breyer wrote on Wednesday with the order of authorizing the “limited Expedited Discovery ında on Wednesday.

The Trump administration objected to the movement and once decided to limit the White House authority on the troops overthrown by the 9th Circuit Court of Appeal.

This time, the judge of California’s northern region clearly demonstrated that he would “allow him to make discovery in the Posse Comitatus Law – – pointing out what the last stance war could be to prevent the participation of the state’s maritime and national guard forces in immigration practices.

The Posse Comitatus Law stretches after the Civil War when the American government faced severe resistance to the efforts of the Federal Law after the reconstruction of the Southern State governments and the abolition of slavery.

The text of the law is light, the part of the relevant part is more than 60 words. Nevertheless, when he came into force, he served a legal book for restructuring and Jim Crow as a preface.

“This has very ignorant beginnings, Mark said Mark P. Nevitt, a professor of law at the University of Emory and one of the leading experts in the country.

Before the Civil War, the US army was partly kept small to avoid the abuse of American colonists under the British.

At that time, the authorities could have marshal of a civilian crew named a pose comitatus to help them, as in California, sometimes in the rush of gold. The states also had militia that could be called by the President to gather the army during the war.

However, the US army’s law enforcement officers were rare and deeply popular. Historians said the use of soldiers to implement the illegal slave action, which saw that the escaped slaves were hunted and returned south.

In recent weeks, the Trump administration has used constitutional maneuvers invented to apply the illegal slave law to justify the use of troops to roll immigrants. Experts, Anthebellum South, leaders demanded that the law be applied in a similar way, he said.

Josh Dubbert, a historian of Rutherford B. Hayes Presidential Library in Ohio, said, “South Posse Comitatus when it comes to fugitive slave action,” he said.

However, when the Congress sent federal troops to begin to restructuring in 1867, the landscape was very different.

White rebels massacred the gangs of black neighborhoods in Memphis and former Confederation soldiers at New Orleans in the spring of 1866, “Most of the South [was] It has become military zones, Jac Jacob Calhoun, a professor of American Historical and Restructuring at Wabash College.

“Most academics, American people, do not understand the scale of racial violence during the restructuring, Cal said Calhoun, Calhoun. “They send these troops only after unexplained violence.”

Black voters were greeted by white gangs who wanted to prevent voting compasses.

“For most American history, an intellectual of an American army that intervenes in elections is a nightmare. ”[Posse Comitatus] This is to re -emphasize the long -standing belief, but for more treacherous purposes. ”

Posse Comitatus language, parties in the 1876 elections after winning the control of the Congress by the Southern Democrats stuck to an appropriation invoice by the Southern Democrats – “probably the most violent elections in American history_–Calhoun said.

Historians say that white MPs in the South after the war are trying to surround their ability to prevent black men from voting by preventing federal forces from supporting local militias that protect them.

“When they control the Congress, they want to cut the allowances for the army when they control the Congress,” Dubbert said. “This change [their appropriations bill] Posse Comitatus Law. ”

The draft received support from some Republicans who were angry with the use of federalized troops to quit the 1877 railway strike, the first national labor strike in the USA.

“White North Congress members delivered the South to the old confederations, Cal said Calhoun a moment,” Calhoun said. “With the Posse Comitatus law, it becomes a norm of racial violence.”

Nevertheless, the statute itself has largely disappeared from memory, very little used for most of the next century.

“The Posse Comitatus law has been forgotten for nearly 75 years that a defense lawyer had challenged a piece of evidence that the army had achieved until the 1950s after the restructuring, after the restructuring. “Case -law [all] II. After World War II. ”

These cases opened the troops that largely arrest, seek, seize or detained civilians – “LAPD’s normal thing on a daily basis,” he said. The courts said that, with the exception of rebellion or other extreme scenarios, it has the basic principle that military personnel should not be used to implement the law against civilians.

Nevitt said, “Our nation was largely beaten because the British army was violating the civil rights of the colonists in New England,” Nevitt said. “I can’t think of a more important question than the army’s ability to use force against Americans.”

Nevertheless, he said that the laws are full of gaps – scientists – especially in relation to the use of national guards.

The Ministry of Justice argued that Posse Comitatus did not apply to the current actions of the army in Southern California – and even so, the soldiers deployed there did not violate the law. He also claimed that the 9th circuit decision, which approved Trump’s authority to call troops, discussed the problem of Posse Comitatus.

Some experts think that California’s case is strong.

“Lospi Agarwal, the legal director of Northern California Aclu, said,” It literally wanders the streets of Los Angeles with civil law enforcement officers. ” [act] Designed to prevent. ”

But Nevitt was more suspicious. Breyer, ultimately, Trump’s troops violated the law and Californiya’nın giving a precautionary measure, even if he led to the 9th circuit, he said he would almost absolutely hit.

“There will be a war uphill,” the lawyer said. “And if they find a way to go to the Supreme Court, I see that the High Court is also dealing with Trump.”