Diary

Congress Can Deploy Troops to the Border

I’m no expert on the Constitution but I think there may be an opportunity to stop amnesty and secure the border and do so in a constitutional means that doesn’t involve a shutdown or budget threats.

I was listening to the Mark Levin show yesterday and he was reading through Article I, Section 8 and he breezed past these Congressional powers that caught my attention:

The Congress shall have Power To:

Provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions

And

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.

The President’s power regarding the military is stated thusly by the Constitution in Article II, Section 2:

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States…by Congress (mine).

Again, I’m no Constitutional expert but to me this says that Congress has the exclusive power and authority to call up the armed forces in defense of the country similar to their exclusive power to declare war and that the president’s power is limited to commanding those forces only after Congress has called them up, i.e. when called into the actual Service of the United States.

If this is indeed a correct interpretation of the respective powers and responsibilities of Congress and the President then the GOP Congress has the power to deploy the military to the border and command the President to assume command of those forces.

Thoughts? Disagreements?