... At one point, the judge said, “We live in response to a monarchy,” noting that there is a difference between the president and King George III, the British monarch on the throne at the time of the American Revolution.
“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not,” Breyer wrote in his order.
“His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” the judge wrote. “He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”
Breyer said that none of the three conditions required for Trump’s federalization of the Guard under a certain federal statute existed, namely the U.S. having been invaded or in danger of being invaded; a “rebellion” against the federal government; or the president being unable to execute U.S. laws.
“The protests in Los Angeles fall far short of ‘rebellion,’ ” Breyer wrote.
And he said that “regardless” of the outcome of California’s lawsuit against the administration, Trump’s federalizing of the Guard without the consent of Newsom “alone threatens serious injury to the constitutional balance of power between the federal and state governments.”
“And it sets a dangerous precedent for future domestic military activity,” Breyer added. ...
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