Trump and team's underlying strategy for unconstitutionally, thus federally illegally, presidentially federalizing state of California National Guard troops and deploying them, in the absence of their deployment to enforce violation of a federal felony-related law by the state, along with expressly combat US Marine troops, whose officially designated use is for foreign combat, to the streets of the city of LA, CA,, in response to a local crime scene of a comparatively small and police-contained riot, which, were it not readily containable by the LA police force, could have easily been contained by reinforcements of state police, the county sheriff's department and neighboring city police forces, standard practices for riots in CA and elsewhere, as well as, immediately put on high alert, if necessary, deployment of state National Guard troops by the governor of the state of California,, is:
'Operation Making a Mountain Out of a Mole Hill'
[for political-grandstanding strongman, authoritarian presidential military might and power display and their publicity and promotion of his strongman political persona and, further, for his thereby winning (subduing and silencing the political counterpart opposition) by intimidation and replicating this field test, if it is not deterred henceforth by upholding and enforcing established federal law against it, by the GOP-majority US Congress or such Judiciary, [of] the president's constitutionally and federal statutory-law illegal discretionary use of the military on the local level as the standard, as the model, wherever chosen applicable].
Trump's modus operandi is to try to go as far as he wants or must, however legally and ethically wrong, at least fightback harm against him, to get his way, and, if he gets his wrongful way, for him to gloat and carry on, go forth, with it.
Trump will do everything that he can get away with, beforehand, to induce fear in and intimidate opposition votes to MAGA-GOP candidates in the November of 2026 midterm national elections so as not to lose his compliant MAGA-GOP majority memberships in the House of Representatives and Senate of the US Congress. He knows that with a majority membership of Democrats in either chamber or, for him, worse, both chambers of the US Congress that he will become a lame-duck president and might be impeached again as US president and possibly be removed as president in a presidential impeachment trial of him in the US Senate in which he is impeachment convicted. He is desperate and determined that none of this happens and will do everything he can meanwhile to avert it.
Another such extreme action underway in preliminary Congressional legislation originated and passed by the MAGA-GOP majority in the House of Representatives and sent to the Senate for its reconciliation and passage by the MAGA-GOP majority there, quite possibly or probably intended to impact the 2026 midterm national elections, is an unconstitutional Congressional statutory law stripping the Constitutional third co-equal and independent (separate) Judiciary branch of the federal government of its constitutional power to punitively sanction presidential violations of US constitutional and Congressional law and compel the president's compliance with them, wherein Congressional law is subordinate to supreme US Constitutional law and cannot violate the Constitution in order for it to be valid and existential, and the US president constitutionally has no law-making authority, as distinguished from federal law-enforcement authority, whatsoever (presidential executive orders are not laws but are federal executive policy directives and practices, which must be compliant with both US Constitutional and Congressional-statutory law in order for them to be legally valid -- they are applicable to federal executive branch agencies and personnel for their implementation and practice)
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References
Amendment X, Tenth Amendment | U.S. Constitution | US Law | LII / Legal Information Institute (cornell.edu)
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Article I, Section 8 of the Constitution, Congressional Power to Declare War and Raise Armies - FindLaw
Article I, Section 8 of the Constitution of the United States enumerates Congress's powers. It grants the following powers to Congress regarding war:
"The Congress shall have Power . . .
[10] To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations
[11] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
[12] To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years
[13] To provide and maintain a Navy
[14] To make Rules for the Government and Regulation of the land and naval Forces
[15] To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions
[16] "To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress."*
This article provision of the US Constitution is the spatiotemporal textual explanatory antecedent of and verb-predicate for and interrelates with the Second Amendment of the Constitution in which the well-relegated militias of the states, renamed the state national guards, are constituted, selectively staffed according to formal uniformed physical-and-mental-fitness selection criteria or standards, equipped, provisioned and overseen (held accountable) by the state legislatures and the militia (national-guard) applicable legislation of these and led by their state commanders in chief, the state governors, subject to the laws of the US Constitution and laws and regulation of its subordinate the US Congress. Like the federal armed forces, according to this article provision of the Constitution, stated again for emphasis, they are subject to the constitutionally legal senior legislative and control authority of the US Congress, and not straightforwardly that of the US president independently of the armed-forces-related and state-militia-related laws of the supreme US Constitution and the constitutionally subordinate to it legislated statutory laws of the US Congress. State militias can be federalized respectively by the US president under emergency criteria established in federal law, including during a US war (constitutionally, a war formally declared by the US Congress), to enforce federal law, being Constitutional law or Congressional statutory law, that is compliant with Constitutional law, that state officials violate and fail timely or refuse to comply with, or when a governor requests or agrees to temporary presidential control of a state militia, for an acute and temporary law-enforcement support purpose or mission. The president cannot constitutionally or federally legally discretionarily take command and control of state militias, neither permanently nor temporarily.*
Not only does Congress have the enumerated powers listed above, but it also relies upon several other powers with regard to war. These include the following:
Article I, Section 8, Clause 1: The taxing and spending powers
Article I, Section 8, Clause 18: The necessary and proper clause
The U.S. Constitution grants Congress many war-related powers. Throughout American history, Congress and the president have offered conflicting interpretations of these and other powers.
The following sections describe some of these conflicts and relevant U.S. Supreme Court cases interpreting them.
§1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
(Added Aug. 10, 1956, ch. 1041, §18(a),
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1385 | 10:15. | June 18, 1878, ch. 263, §15, |
This section is revised to conform to the style and terminology used in title 18. It is not enacted as a part of title 10, United States Code, since it is more properly allocated to title 18.
2021-
1994-
1959-
Posse Comitatus Act, 1878 (sdsu.edu)
Posse Comitatus Act, 1878
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both. -Title 18, U.S. Code, Section 1385 Modern Exceptions: Title 18 U.S. Code, Section 831, provides that if nuclear material is involved in an emergency, the Secretary of Defense may provide assistance to the Department of Justice, notwithstanding the Posse Comitatus Act. Title 10 U.S. Code, Chapter18, authorizes military support for civilian law enforcement agencies for counterdrug operations and in emergencies involving chemical or biological weapons of mass destruction. The Secretary of Defense may provide information, allow the use of military equipment and facilities, train law enforcement officials in the operation and maintenance of military equipment, and maintain such equipment. Support for law enforcement agencies may not impair military readiness, and military personnel shall not participate in searches, seizures, arrests, or similar activities unless such participation is otherwise authorized by law. (Military police personnel, for example, may enforce the law within their jurisdictions.)
*The reference to the "Air Force" in the Posse Comitatus Act of 1878, is a retroactive, amended, one, as when a military air force was created by the US Congress in the early 20th Century, the early 1900s, it was part of the US Army and became a separate branch or core of the US armed forces later,
Insurrection Act, 1807 (sdsu.edu)
Insurrection Act, 1807 [I]n 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.
10 USC Ch. 13: INSURRECTION (house.gov)
US Congressional statutory law that authorizes the US president to take direct command of a state National Guard, or more, and use federal armed forces to suppress rebellion against the laws and government of the USA (such as the 01-06-2021 Trump MAGA-cult mob attack on the chambers of the US Congress, and its therein hunt for the US vice president and speaker of the House of Representatives, as well as on that same day and place and during the same timeframe the planned and attempted parliamentary misconduct of MAGA-GOP members of both chambers of the US Congress attempting subversively and treasonously, in violation of federal presidential election law, to disrupt, overthrow and change the ceremonial Congressional certification of the presidential Electoral College's decisive vote-count determination of the 11-2020 US presidential election in favor of Democratic Party candidate Joe Biden by large electoral-vote and popular-vote majorities over overwhelmingly majority-voter-rejected, presidential-term-expiring, incumbent President Donald Trump in order for them, with Trump and political team's respectively stoking and recruiting them, to illegally and subversively keep Trump in office as US president for a second term in disregard and defiance of the 11-2020 US presidential election's voter-will-of-the-majority choice of Joe Biden to be US president), to enforce state compliance with federal law of which it is in defiant or lasting derelict violation, or to establish order in states experiencing extraordinary scale mass violence and destruction or catastrophe beyond the management capability of state law-enforcement or crisis workers (including the state National Guard).
The US Congress Cannot Reassign Its US Constitutional Duties and Authorities, or Any One of Them, Such as Imposing Tariffs and Making or Declaring War, to the US President or US Judiciary, But Questionably and Doubtfully It Might Be Able to Somehow Reassign Them, that is, Divest Itself of Them, by the Arduous Amendment Process of the US Constitution Specified in the US Constitution
05-26-2026
The USA Constitutional Purpose and Function of the Federal Courts and Justices (Judges) of the Courts, Constituting the Federal Judiciary of the United States of America
Raison d’ etre of the Judiciary, Constitutionally
The federal courts of our constitutional bill-of-rights republic (also a constitutional democratic-republic because of its universal, egalitarian citizenry bill of rights, democratic rights, explicitly written into and embedded in the US Constitution) serve and comprehensively -- in principle and by US Constitutional law with equal treatment for all under its law and without partisan or subjective bias in their hearings, decisions and rulings -- uphold the rule of law of the USA governance supreme US Constitution and thereof subordinate to it and compliant with it US Congressional statutory law. They do not serve and uphold the subordinate to both of these bodies of law, in governance of the USA, the regularly transitory, variable, capricious, partisan, self-centered and self-serving in susceptibility and bias-and-mob-prone "will of the majority," per se, or elected or unelected governance officials and representatives and all else.
The US President, the US Congress, US Congressional legislated statutory law, and the US Supreme Court and other of the federal US Judiciary is each and all are subordinate to the US Constitution, the supreme law and governance instrument and source of and over the entirety of the United States of America and Its territorial jurisdiction, Any and each of their illegalities, indicated illegalities or conflicts in decision, action, policy or otherwise with the US Constitution is subject to federal judicial review and adjudication by the courts and judges of the federal government, the US Judiciary, for their compliance with US constitutional law and a determination of its compliance with or violation of It by the courts and judges of the US Judiciary. If it violates, or they violate, the law of the US Constitution, then it is nor or they are not legally viable and is or are constitutionally illegal and barred from applicability and existence as well as may be subject to punishment, on the part of the violating party, by the federal judiciary, The US Constitution is not subordinate to the US President. It is not Subordinate to the US Congress and US Congressional legislated law. It is not subordinate to the US Judiciary or such system. It is Preeminent in the USA and Supreme over each and all of them and all other law and authority, whether government or private, in the USA, and the US courts and judges are the chief upholders and enforcers of it and its laws by decree in the US Constitution, with, in ideal and for the overwhelming most part in practice, no deference and bias in its application, judicial rulings and enforcement.to the US President, rule of the majority, mob or crowd, elected officials, military, celebrity, notoriety, big money, faith, and so on and so forth, ad infinitum.
The courts of the USA adjudicate and make rulings of violations of and adherence to foremost supreme US Constitutional law, secondarily penultimate US Congressional law (statutory law) and tertiarily state and local legislative law between legal disputant or transgressor parties involving or violating them. Their service, by supreme US constitutional law, and thus in principle, is to the US Constitution/al and thereof compliant US Congressional-legislated-statutory bodies of law of the USA, and not to the US president, US Congress per se, either’s agenda, the will of the voter majority nor any other constituency, person, group of any kind or entity or entities in the USA or elsewhere -- though in rare instances, with lapses or breaches in integrity on the part of members, not always in practice. Via court orders and sanctions, civil and criminal, including verdicts and sentencing, the judges of the courts also administratively enforce compliance with the laws and punish their violation for violators and offenders. They, by US Constitutional law, [are to] adjudicate, uphold and enforce established law, foremost, supreme US Constitutional law.
The place of majoritarianism in our USA constitutional bill of rights republic form and system of government is in free and fair universal, egalitarian, legal-age-of-right-to-vote, as the only qualification, voting of USA citizens, respectively, in political public elections of candidates for elective government office and for publicly political referenda by paper or computer/digital ballots, and presidential elections Electoral College, court trial juries, court judge-panels (including the position briefs of judges on judge panels), and legislatures optionally [by count] of voice, hand or paper balloting by legislator members.
Supreme constitutional law and penultimate legislative statutory law in our USA constitutional bill of rights republic form of government rule our nation, thereby making it in framework (nature) and practice a constitutional democratic-republic, and not the shifting or changeable, across constitutional and statutory law prescribed election cycles, the majoritarian will. Voting and balloting for candidates to hold elective public, or government, offices, as government representatives, decision makers and leaders, and as and where legally applicable, for referendum and legislative laws and verdicts by juries, are the venue in which the will of the majority is exercised and leads or prevails therein but is subordinate to and limited by and must be compliant with supreme constitutional law and penultimate legislative statutory law, this latter of which must itself be compliant with supreme constitutional law, nor can it, nor the US Congress, nor the US president, nor the federal judiciary at any level or in concert, suspend or abolish the US Constitution or the rights of its universal and citizenry bill or rights nor any one of them accorded all citizens and every individual citizen, as well as certain institutions, namely press-publisher and religious and freedom-from-religion and secular ones, except for temporarily the suspension of the writ of habeas corpus, which can be suspended by a majority vote of the US Congress, the legislative and statutory-law-making, branch of the federal government, during extraordinary and dire circumstances that are a clear, present and overwhelming existential danger to the USA as a nation. Majoritarian and plurality election voting outcomes do not supersede or overrule the bodies of law of the governance supreme US Constitution and the subordinate to and compliant with it US Congress of our nation the United States of America but are subordinate to both of these bodies of priority national governance law and are valid when they are in compliance with both.
The US president is not granted legislative and law-making authority by the US Constitution. Rather, the US Constitution specifically confers all legislative and law-making authority, for federal laws not stated in the US Constitution and that must be compliant with all the US Constitution’s laws, to the bicameral US Congress. However, the US president is assigned the authority and duty by the US Constitution to sign, in order to legally and officially enact, or refuse to sign, and thereby veto, every, thus all, US Congressionally legislated bill of statutory law, whose [presidential] veto of which, of any Congressionally submitted legislation for US presidential approval, the bicameral US Congress can nevertheless override by a two-thirds majority vote in each the House of Representatives and Senate of the bicameral US Congress and directly enact it into legally valid and official federal law.
Following an election and its vote-decided outcome, the victors, at any level of government, cannot [legally] void, suspend or diminish the legal rights, or their equality, under federal, state and local government laws, of their opponents, critics or detractors or those different from them, such as politically, ideologically or demographically. Nor do the victors personally own their elective government offices and titles, nor the government jurisdictions and property they control and direct, lead or command, as elected incumbent-tenant government leaders, officials or representatives, all of which permanently belong to the system-wide government of, by and for the people, the citizenry, with non-prejudicial, according the commonly and consistently applied same lawful and ethical criteria and rules, access by all. They cannot legally use their election victory and incumbency in power to thwart, disrupt, subvert or pervert the presiding law so as to overturn an election or elections or rig or prevent the next cycle or round of elections and in so doing entrench themselves as a power squatter or despot in otherwise elective government office permanently, on an individual, group or partisanship scale and level. With every election the said presiding bodies of law, branches and systems of government and governance and the legal and civil rights of the citizenry and residents of the nation, state, municipality or locality remain permanently and fully intact under our US Constitutional Bill-of-Rights Republic, or Democratic-Republic.
The Federal Courts of Our Constitutional Bill-of-Rights Republic (also a Constitutional Democratic-Republic because of its universal, egalitarian citizenry bill of rights, democratic rights, explicitly written into and embedded in it) Serve and Comprehensively, in Principle and by US Constitutional Law with Equal Treatment for All Under the Law and Without Partisan or Subjective Bias, Uphold the Rule of Law of the USA Governance Supreme US Constitution and Thereof Subordinate and Compliant US Congressional Statutory Law and Not the Subordinate to Both in Governance of the USA the Transitory, Variable, Capricious, Partisan, Self-Centered-and-Serving and Bias and Mob-Prone Will of the Majority, Governance Officials and Representatives and All Else
because of its universal, egalitarian citizenry bill of rights, or democratic rights, some of them designated as explicitly as "unalienable" as well as in its language that Congress, the federal legislature-legislator and law-maker, "shall pass no law...," in effect, abolishing, abridging or suspending, etc.(which means unalienable even by the amendment process of the USA Constitution granted in and allowed by the USA Constitution), explicitly written into and embedded in the USA Constitution
Emoluments and Gifts Prohibition, and Exceptions to It, Article [Law] of the US Constitution:
Article I, Section 9, Clause 8:
"No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."
They are prohibited, except for a majority vote by the US Congress of approval for their acceptance on a case-by-case basis, because they are, can become or tend to be gratuities to ingratiate, influence and compromise and tether or psychologically control our leaders in the service or furtherance of the interests, potentially at the expense of or in priority over the US domestic or national interest, or some part of it, of a foreign power or powers.
MAGA-GOP Members of the US Congressional House of Representatives Publicly Are Threatening Federal District Court Abolishment and Impeachment of Federal Judges with Judicial Rulings on Matters of US Constitutional and Standing Federal Congressional Statutory Law that Go Against President Donald Trump's Will and Administrative or Political Agenda -- Chapter 2 of the 01-06-2021 GOP Congressional Membership to Internally, via Illegal Legislative Procedure, within the Legislative Branch of the Federal Government, Attempt to Subvert and Overthrow the USA Constitutional Democratic Bill of Rights Republic and Replace it with a Trump Cult-MAGA Oligarchy or Dictatorship
(Mouse click on the hyperlink at the end of the following narrative to view the news report video.)
The US House of Representatives GOP membership, which has a slight membership majority in the House of Representatives, has members, including the speaker of the House, Congressman Michael Johnson, of Louisiana, who now want to use the funding allocation authority of the bicameral US Congress to intimidate the federal judges of the US judiciary to make biased as opposed to fair and honest judicial rulings on matters of the legality of acts in reference to federal law and their compliance or noncompliance and violation or adherence to US Constitutional law and bicameral US Congressional legislated statutory law, the highest bodies of law in the USA with US Constitutional law supreme and bicameral US Congressional statutory law the penultimate body of law and subordinate only to the US Constitution. They openly declare they want to use the funding, legislative and impeachment powers of the bicameral US Congress to influence the judges of the federal judiciary to render judicial rulings involving federal court hearings involving the US president that are in favor of the US president and that support his will as US president and his presidential, that is, political agenda, regardless of what is the stated US Constitutional and existing US Congressional law [not in conflict with supreme US Constitutional law]. As a practical matter rather than a legally technical one, they would not be able to remove a federal judge by impeachment because it takes, successively, both chambers of the US Congress to impeach, with a conviction by impeachment trial finally in the US Senate, and remove a federal judge for performing his or her duties without proving in the US Senate impeach hearing trial actual judicial corruption (such as involving illicit money or financial value or otherwise trading of judicial rulings, rendering them as personal favors, treason, criminal sex and other crimes of established government criminal or ethics codes), a conviction that would require a majority vote of 67 US senators for it of the 100 senators of the US Senate, in which there are 53 Republican senators and 46 Democratic Party senators and 1 independent-socialist senator of the US Senate, of which none of the Democratic Party senators nor the 1 independent-socialist senator would vote for conviction but who would vote against conviction of any federal judge. Congressional legislation initiated in the US House of Representatives to defund or abolish particular or all federal district courts in the highest probability would fail legislative passage in the US Senate, if not in the US House of Representatives first, as any such defunding or abolishment would result in the unleashing of a torrential downpour and deluge of federal criminal and civil illegality, including against commerce and federal institutions, personnel, currency and property with virtual impunity, indefinity. It also may be federally criminally culpable, as well as even a civilly illegally culpable, congressional legislation whose, and when its, objective, in violation of the US Constitution's separation of powers of the 3 co-equal legislative, executive and judicial branches of the federal government, is to control and prejudice, and thereby corrupt, the judicial independence and decisions on matters of law of the judges of the federal judiciary by politically motivated and biased legislative as well as impeachment proceedings against federal judges judicially independent of them and their political partisanship.
Remember, care and cherish that our form of government is [that of] a US Constitutional Bill of Rights Republic, including of the three separate-powers co-equal branch of the federal government, regardless of who the changeable and changing US president is, who likewise makes up the membership of the houses of the bicameral US Congress, who likewise are the judges, or justices, of the federal judiciary and what likewise the will of the shifting majority or plurality of the electorate is. Its supreme law and our US Constitutional egalitarian legal rights as persons and individuals and the US Constitutionally fundamental governmental branches and institutions within them stand unbridgeably and irrevocably by them, nevertheless.
04-10-2025
Short-Trader and Vulture-Capitalist Bottom-Feeder Yo-Yo, Upswing-and-Downswing, Playing [of] the Stock Market and Economy via Seeming Capriciously Shifting, Shifty Presidential Tariff Policy Announcements
It definitively appears that Trump and his flock of insatiably gluttonous vulture capitalist billionaires, and mega-millionaires too, are short-trader and recession-bottom-feeder yo-yo playing [of] the stock market and economy to their selfish predatory benefit. By Trump reportedly commenting to this effect on his social media platform Truth/er Social and that these yo-yo [stock-market and economy] downswings are buy-low and sell-high and bargain asset purchase [investment] opportunities, which they are, that can supercharge and skyrocket your wealth, he is also attracting and enlarging membership respectively to and on his online Truth Social social media platform of those traders, investors and financial speculators as well as asset defenders, market observers/watchers, financial analysts and economics scholars, etc., who want heads-up tips or hints, directly from POTUS Trump, on indicated coming downswings and upswings, resultant from his publicly considered or stated economic policies, in the stock market and economy or for even foreign economies and corresponding changes in major companies' market valuations and stock values. He thereby also boosts the notoriety and popularity, positively for a considerable some and negatively for considerably others, of his online Truth/er Social social media platform.
