Why Trump's Guard deployment is threat to democracy
By Noah Feldman / Bloomberg Opinion
President Trumps deployment of the National Guard to Los Angeles, over the objection of California Gov. Gavin Newsom, represents a structural threat to democracy. The law on which Trump relied permits domestic deployment only in cases of invasion by a foreign nation, rebellion, or danger of a rebellion.
Newsom and the states attorney general filed suit Tuesday against the Trump administration over the presidents action.
The reasons for the legal limitation go to the heart of constitutional government. In a democracy as opposed to a dictatorship the military should not be used to police citizens unless civilian law enforcement cannot or will not do its job.
And if the president can single-out protests against his policies and deploy the National Guard specifically to suppress them, it endangers the constitutional rights to free speech and free assembly.
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