There are a lot of people angry about sending National Guard troops into cities to stop crime. On the other hand, there are many people arguing it’s just what those cities need. What’s interesting in this case is that both sides are completely correct.
It is wrong to send military troops into cities and those cities could use with more help to stop crime. Shall we discuss?
The Constitution
I’ll start off with the argument against. It’s not complicated.
From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section and any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment.
Pretty darn clear although there is an exception.
An Act authorizing the employment of the land and naval forces of the United States, in cases of insurrections Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States, as shall be judged necessary, having first observed all the pre-requisites of the law in that respect.
It’s clear there is no insurrection or obstruction of laws. The various governors and mayors are not calling for military help, so military help is forbidden.
Stopping Crime
The National Guard is not a crime enforcement agency. It is the military. They are likely stopping crime in one important way, their mere presence. The presence of National Guard officers is a crime deterrent and a good one.
The Better Solution without the National Guard
The mayors and leaders of the areas supposedly plagued by crime have long asked for more money to fight crime. Law enforcement reform advocates, generally at the opposite end of the political spectrum as supporters of law enforcement, have long called for a bigger police presence in such communities.
Basically, in order to have a more effective force in fighting crime, law enforcement officers need to get out of their cars before the crime happens. This path repairs a dangerous disconnect between law enforcement officers and the citizens they protect and serve. I wrote a longer blog about that here.
The solution here is have the police trained, equipped, and deployed in a fashion that deters crime. Imbed them in smaller police stations scattered throughout the city. Take them out of their $80,000 SUVs and get them on foot patrols. Acquaint the officers with the people again.
This, of course, costs money, money the municipalities in question don’t have. However, if the federal government is going to spend hundreds of millions of dollars on the National Guard deployments, why not spend it helping local police do their job? I suspect politicians would welcome this help, rather than fight against it.
Spend the money wisely.
Tom Liberman