I suppose we could debate whether or not the federal government has any constitutional authority to involve itself in any way, shape, or form with local police. One could say that there are no express authorities in the U.S. Constitution giving the United States Federal Government the okay to pass laws regarding independent, and therefore autonomous, State and municipal law enforcement agencies. And, that is a legitimate argument. There are no expressly enumerated authorities allowing federal interference with local jurisdictions for pretty much anything. One could then dance on a line that Alexander Hamilton would be proud of and say that while there exists no express authority, the clause in Article IV., Section 4 that says the United States “shall” protect the States from domestic violence implies that the federal government, first legislatively, and if necessary, by executive order should the Congress have difficulty convening, may inject itself into the affairs of policing if it is directly related to their express power of protecting the States from domestic violence. Then, we can run over to Article I, Section 8 and ask ourselves if any federal intrusion upon local police departments is “necessary and proper,” and again, if it is necessary to protect the States from domestic violence, a reasonable person could conclude with an affirmative.
President Trump, in his Executive Order, refers to the Preamble’s reference to establishing justice, and I am sure the phrase about domestic tranquility came to mind with his team, as well.
Congress, in the light of the George Floyd killing, and the subsequent violence, which includes Marxist funded agitation in the most creative Saul Alinsky manner, has promised legislation to help with our apparent emergence of a problem with police brutality, and any physical actions in and around the neck region. However, with the hard left loony Democrats controlling the House of Representatives, and Republicans who refuse to be complicit in the liberal progressive madness holding on to the helm in the U.S. Senate, any hope for a bill anytime soon would be a pipe dream. So, while physically they have convened, mentally they are all, for all manners of speaking, out to lunch.
President Donald J. Trump, not being a patient man in certain circumstances, decided that time was not a friend when it comes to the countrywide rioting and the creation of autonomous zones amidst cries of defunding the police, and even abolishing the police.
Without Law and Order there is no freedom.
President Trump has shown time and time again that he is a “law and order” president, so this whole thing has been surely weighing heavily on his mind. So, he beat Congress to the punch, and came up with an executive order that is designed to tackle the problem, or at least begin the process of tackling it.
Trump’s Executive Order is called the Safe Policing for Safe Communities order, and one of the things I first noticed was not what is in it, but what isn’t. Unlike the Democrats, this is offered to the States, counties, and cities as a recommendation, a strongly urged one, but a recommendation, which means that there is no threat to withhold federal funding if the common sense guidelines in the executive order are not met. Federal incentives, however, are offered, should jurisdictions decide to follow the suggestions outlined in the executive order, which includes training for police officers, a ban on “choke holds” (note, that may not necessarily include neck restraints), and other “best practices” that he deems necessary after conferring with a panel of law enforcement officials. However, while there is no threat of a loss of federal funding should a jurisdiction refuse to conform, if a policing agency refuses to follow the President’s guidelines for reform, they will not receive grants in the order for that purpose.
One brilliant part of the executive order also includes setting up a system through the federal government that has all policing agencies in touch with each other so as to end the racism, and ensure bad cops don’t wander from department to department without being noticed he’s doing so. This puts agencies in liberal cities refusing to cooperate with federal agencies over the illegal alien problem in a pickle. They can continue to refuse to cooperate, and communicate with agencies like ICE, but now if they continue to do so, considering the cooperation is now in the name of George Floyd’s murder, and trying to stamp out the allegation of systemic racism, refusing to cooperate and communicate with federal agencies could be seen as being, well, racist.
After reading the order, and viewing the president’s press conference regarding it, I realized that while the Democrats were listening to the rioters, and their radical allies, President Trump had gone to the source. He had gone to law enforcement leadership and asked, “How can we make this better. How can we fix the problem.” He listened, they talked, and this executive order is the result.