We have previously discussed how President Donald Trump has repeatedly asserted constitutional authority that he does not have in dealing with the pandemic. The President routinely ignored the principles of federalism in such claims of control over states in their internal health and policing decisions. He is not alone. Cities like Portland have demanded that federal officers leave the city and stop making arrested. While there are legitimate questions raised about the conduct of federal officers in putting people into custody and the use of force in Portland, those concerns related to the use of federal powers, not the basis for those powers. The federal government has full authority to protect federal buildings and to carry out arrests for federal crimes in any city. Current reports coming out of the White House appear to refer to surging law enforcement personnel, not sending military personnel. That would be constitutional if used for protect federal assets or enforce federal laws. That is the flip side of federalism. But how about the recent claims that the President is about to take over policing from cities like Chicago? The answer is that such a federal deployment without a request from the governors would be unwise but would be legal. However, there are practical and legal reasons why such any massive deployment is unlikely.
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