BOCA RATON, Fla. (PRWEB) July 24, 2020
Donald Cleveland, Constitutional Author says President’s Federal Police Unconstitutional
Donald Cleveland, political author, questioned Oregon officials why they had taken no action to legally restrain the Federal Police sent to Portland, Oregon. In an email sent to the Portland Mayor’s office, Cleveland stated: “I am mystified about the governor’s, the AG’s your apparent lack of action to file a demand for injunction in the U.S. District Court seeking to prevent the new 'Federal Police' from stepping beyond the boundaries of the federal building they are allegedly guarding and simultaneously seeking a declaration of constitutionality from the Supreme Court."
Cleveland pointed out that there are too many Supreme Court cases upholding the absolute right of the states to provide local police, and cited an example of the Federal Bureau of Investigation on how Federal law enforcement agencies are allowed to be present in states and cities. “During the early and mid-1930s several crucial decisions solidified the Bureau's position as the nation's premier law enforcement agency. In 1932, Congress passed a federal kidnapping statute. Then in May and June 1934, with gangsters like John Dillinger evading capture by crossing over state lines, it passed a number of federal crime laws that significantly enhanced the Bureau's jurisdiction. Congress also gave Bureau Agents statutory authority to carry guns and make arrests.”
“The Tenth Amendment to the U.S. Constitution protects the rights of the states to provide local policing, and the Federal Government cannot enter that space without first passing an act through Congress. The President seems to be taking it upon himself to ignore both the Tenth Amendment and need for Congressional action,” said Cleveland.
Other sources cited in the material sent to the Portland Mayor include the following citations:
https://constitution.laws.com/the-supreme-court/police-power and https://fedsoc.org/commentary/publications/federalism-in-law-enforcement
Cleveland concluded his comments by stating, “Any expansion of Federal policing powers must be authorized by Congress. Until then, any Federal security or law enforcement group created to protect Federal property, must stay within the boundaries of the property they are guarding. They can’t constitutionally push their exploits or boundaries into the streets beyond their property and make unlawful arrests. Any such action would be as clearly unconstitutional as the nose on your face.”
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