To justify his deployment of the National Guard to the streets of Washington, D.C., in conjunction with FBI, Border Patrol, Secret Service, ICE and DEA agents, as part of his federal takeover of the city’s police force, President Donald Trump has declared a “crime emergency” in the nation’s capital. That declaration comes despite the fact that federal officials in his own administration recently announced that violent crime in the District of Columbia has hit a 30-year low. 

Opinion

In an Aug. 11 press conference, Trump announced that these forces “can do whatever the hell they want” to curb crime, an unprecedented presidential action, and another assertion of his belief that he enjoys absolute power under Article II of the Constitution.

Trump has invoked a provision of the 1973 Washington D.C. Home Rule Act, which permits the president to take control of the city’s police force for a temporary period, up to 30 days. After that period, Trump must receive authorization from Congress if he wishes to maintain control of law enforcement. Trump’s false pretext for deploying the guardsmen, one exposed by his administration’s report that violent crime in the nation’s capital is down 35% from 2023, and has fallen to its lowest point since before the pandemic, is the latest in a string of troop deployments for domestic purposes. 

Just two months ago, he sent 4,000 national guardsmen and 800 active-duty Marines to quell protests in Los Angeles over his immigration policies, despite the fact that the protests, which were overwhelmingly peaceful and efficiently handled by local law enforcement, had largely ended. Trump’s actions appear to have violated the Posse Comitatus Act, which sharply limits use of the military in domestic law enforcement, as well as the 10th Amendment, and are the subject of a federal trial underway this week.

Trump’s executive takeover of law enforcement in the nation’s capital — long a goal of his — is predicated on his baseless description of the city as an urban hellscape and reflects his authoritarian trajectory. Devoid of a factually based rationale, since there is no street crime epidemic in the District, the legality of Trump’s action is specious and raises questions about his motives. Historically, autocrats have painted wildly exaggerated portraits of violent crime in cities before taking control of local law enforcement, pursuant to national expansion.

Indeed, Trump announced that he may also deploy the National Guard to other cities, naming New York, Chicago, Baltimore and Oakland, among others. Each city is governed by a Democratic mayor and located within a “Blue State.” FBI statistics indicate that crime is down, however, in New York and Baltimore, and the National Mayors Association has confirmed the reduction of crimes in cities across America. Historically speaking, authoritarian leaders have deployed the military into civilian populations as projections of power and presence, aiming to intimidate local populations and suppress dissent. The infliction of fear among the people has been a common technique among autocrats in other nations and across the decades, as a means of cowing opponents, silencing dissidents and preventing protests. Residents of Washington have already expressed fear at the sight of military boots in their streets.  

While it is likely that the deployment of forces in the nation’s capital also represents an additional effort to divert the attention of Trump’s MAGA base, outraged by the president’s failure to deliver on his promise to release the Epstein Files — a political and moral scandal that has engulfed his administration’s time, resources and energies, and which seemingly defies resolution — the broader legal and constitutional concerns arising across our nation ask about state authority, in the event of forthcoming deployments, to respond to presidential acts that swallow up the 10th Amendment. Mindful of the fact that all governmental acts, including those of presidents, must be tethered to the Constitution, citizens are right to ask about measures to restrain the federal government and prevent, as former Chief Justice Marshall wrote, transgression of legal boundaries. 

As is often the case, history offers valuable insights for our time. In 1798, when Congress passed the Alien and Sedition Acts. Founders, including James Madison and Thomas Jefferson, wrote resolutions — the Virginia and Kentucky Resolutions — that decried violations of the Constitution which they believed constituted a fundamental threat to the republic, federalism and American liberties. We turn next week to their response.

David Gray Adler is president of The Alturas Institute, a nonprofit educational organization created to defend American democracy by promoting the Constitution, civic education, equal protection and...

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  1. Well he has a valid point about crime being out of control. There’s been a creepy old convicted felon squatting at 1600 Pennsylvania Avenue since January 20th. Might consider starting the cleanup in that neighborhood…

  2. From the article, “That declaration comes despite the fact that federal officials in his own administration recently announced that violent crime in the District of Columbia has hit a 30-year low.” DC has the 4th highest murder rate in the nation, and beats out a number of Third World nations’ capitol cities in that department. A ’30-year low’ is a start; but when the low is still sky high, there is a lot of work to be done to fix the problem. DC should be ‘the shining city on the hill’ to use the old line; but it’s an embarrassment to the nation and its citizens.

  3. Finally a president that wants American taxpayers safe 🤘🇺🇸💪in their own country,these laws are interesting

  4. The District of Columbia is not a state because the U.S. Constitution established it as a federal district, separate from any state, to serve as the nation’s capital. This distinction is outlined in Article I, Section 8 of the Constitution. If one place in this country were “federalized” DC would be legitimate.

    DC has been a blight for generations, once known as ” the murder capital of the world”. Anyone wanting to see the capitol as a tourist is best advised to access the museums etc. by way of Virginia show your don’t have to travel the city streets surrounding the tourist attractions.

    No one in Wyoming or anywhere else should waste a minute of their time contemplating how the District of Criminals is policed, unless they start locking up the corrupt politicians. Don’t hold your breath.