Trump’s Invasion of American Cities – Violation of First Amendment

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    President Trump’s invasions of American cities are often unconstitutional. The First Amendment protects, “the right of people peaceably to assemble and to petition the government for a redress of grievances.” The founders of our government were familiar with abuses of English kings who punished their people who demand reform. Trump is succeeding in frightening his base. 

    However, between May 26th and August 22nd, 93% of the 7750 surveyed demonstrations were peaceful and nondestructive. Every time a federal officer throws a tear gas grenade, pepper sprays, or shoots rubber bullets into a crowd peacefully demonstrating, it is a separate violation of the constitution.

    Many lawsuits have been filed but they have not made a dent in President Trump’s invasion program. The most important question is what the remedy for aggrieved citizens is. Injunctions have been historically effective. Nevertheless, the federal troops withdraw before effective court action can stop the violations. Therefore, Trump continues to threaten many other cities. Black lives Matter have a valid complaint. They are asking for needed police reform. Instead, this president has projectiles thrown at them that were designed to stop rioting prisoners in jail.

    The Posse Comitatus Act prohibits federal military from taking over the work of local police unless invited. Federal personnel can protect federal property. They cannot roam our city streets inflamed by presidential tweets declaring falsely that all demonstrations are violent. 

    Keep your eye on Homeland Security whose jurisdictional ambition knows no bounds even when the constitution is involved. Surely some judge will grant an injunction to stop violations of the First Amendment.

JJB


Copyright 2020 James J Brosnahan 

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