America’s many issues coming into sharp focus in California - The Globe and Mail


Recent protests in California over the Trump administration's immigration policies have brought to light several fundamental issues regarding American identity, tradition, and governmental power.
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Open this photo in gallery:Los Angeles Police Department officers move in on demonstrators in front of L.A. City Hall during a protest against federal immigration sweeps on Sunday.Barbara Davidson/Reuters

A huge portfolio of issues – the very matters that define a civil society and that have been at the heart of the American experience, from the country’s 18th-century revolutionary beginnings to its 21st-century tensions – now are on full display, and are subject to full tests.

Instantly, from coast to coast, from the marble-and-sandstone buildings of political Washington to the migrant neighbourhoods of a country convulsed in debate over fundamental principles, a confrontation between protesters and military personnel thrust a consequential set of fundamental matters into contemporary, contentious attention:

The country’s tradition of welcome for the tired, the poor and the fleeing. The pre-American Revolution heritage of protest and rebellion. The Constitution-era enshrinement of protections for free association and protest. Decades of pre-Civil War contention over the rights of states versus the prerogatives of the central government. Centuries of struggle over the limits to presidential power.

And, lest we forget in the bursts of tear gas and rubber bullets in Los Angeles, the right of a government to enforce its boundaries and its laws.

In a presidential order and a confrontation on the streets of a sprawling city where 154 languages are spoken in the public schools, all these issues abruptly have come into sharp focus in California, known for its clement climate and laid-back insouciance.

But in the brief course of an angry weekend, a state which since the Second World War was regarded as the harbinger of the future suddenly was transformed into a de-silvering mirror of the past.

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The questions that Americans are wrestling over – those on the right and on the left, on the MAGA vanguard and on the civil-liberties ramparts, and on the Washington political stage and in the California streets – are as old as the country and as fresh as the past hour’s social-media feed.

They have new relevance in a new period of American political struggle.

Seldom – not during the Watergate upheaval, not during the civil-rights era, not during the progressive period of the Republican Theodore Roosevelt and the Democrat Woodrow Wilson, not during the innovations of the New Deal or the recalibrations of the new conservatism of Ronald Reagan – have so many issues, so fundamental to the country’s heritage and identity, been at play.

This is but the latest episode of the clash of titanic principles.

The most recent staging ground was a protest over the Donald Trump administration’s determination to round up, punish, and deport migrants whom the President described on his Truth Social platform as “violent, insurrectionist mobs” and ordered his administration to “liberate Los Angeles from the Migrant Invasion.”

In a dramatic example of politics being a matter of, as a New Deal aphorism put it, where you stand depends on where you sit, progressive and advocates of migrant rights mounted the palisades of media to declare their outrage while Trump supporters stoutly mounted a law-and-order defence.

But among the cries from both sides, and amid the visual images of conflict, the difficult complexities of the moment were revealed.

Though the direct provocation was not clear, Mr. Trump called out – essentially nationalized – California’s state-based military force. The administration’s defence of the action came in a Pentagon memo that cited “violent protests [that] threaten the security of and significant damage to Federal immigration detention facilities and other Federal property,” adding, “To the extent that protests or acts of violence directly inhibit the execution of the laws, they constitute a form of rebellion against the authority of the Government of the United States.”

The President did not send in regular military troops.

  • People attend a rally against the detention of SEIU California and SEIU-USWW union president David Huerta in Los Angeles.David Ryder/Reuters1 of 25
  • A California National Guard vehicle drives down a street in downtown Los Angeles.RONALDO SCHEMIDT/AFP/Getty Images2 of 25
  • Law enforcement officers at a roadblock following a night of protests in response to federal immigration operations in Los Angeles.FREDERIC J. BROWN/AFP/Getty Images3 of 25
  • The remains of multiple burnt vehicles following a night of protests in Los Angeles.FREDERIC J. BROWN/AFP/Getty Images4 of 25
  • Cleanup continues after a night of protests in downtown Los Angeles.Damian Dovarganes/The Associated Press5 of 25
  • Demonstrators rally against US Immigration and Customs Enforcement at Gloria Molina Grand Park in Los Angeles.FREDERIC J. BROWN/AFP/Getty Images6 of 25
  • Police officers on patrol after a night of protests in downtown Los Angeles.Damian Dovarganes/The Associated Press7 of 25
  • Police officers look on as a worker cleans a wall in Fletcher Bowron Square in Los Angeles.FREDERIC J. BROWN/AFP/Getty Images8 of 25
  • Debris left after a night of protests in downtown Los Angeles.Damian Dovarganes/The Associated Press9 of 25
  • A man looks at the charred remains of a vehicle following a night of protests in Los Angeles.FREDERIC J. BROWN/AFP/Getty Images10 of 25
  • Los Angeles police officers move in on demonstrators in front of City Hall during a protest against federal immigration sweeps.Barbara Davidson/Reuters11 of 25
  • Several cars burn during clashes between protesters and police in Los Angeles.Jim Vondruska/Getty Images12 of 25
  • A police officer fires a soft round near the metropolitan detention center of downtown Los Angeles.Eric Thayer/The Associated Press13 of 25
  • A protester throws a scooter at a police vehical near the metropolitan detention center of downtown Los Angeles.Jae C. Hong/The Associated Press14 of 25
  • A California Highway Patrol officer pulls an electric scooter off a vehicle on a highway in Los Angeles.Ethan Swope/The Associated Press15 of 25
  • A man waves a Mexican flag as smoke rises from a burning car on Atlantic Boulevard in the Los Angeles County city of Compton.Barbara Davidson/Reuters16 of 25
  • Police clear demonstrators after they blocked a street with a barricade during a protest in downtown Los Angeles.David Ryder/Reuters17 of 25
  • A man waves a Mexican flag during a protest against federal immigration sweeps, near Los Angeles City Hall.David Swanson/Reuters18 of 25
  • Los Angeles Police Department officers arrest a protester in front of the LA Federal Building.Apu Gomes/Getty Images19 of 25
  • Protesters confront police on the 101 Freeway near the metropolitan detention center of downtown Los Angeles, Sunday.Jae C. Hong/The Associated Press20 of 25
  • Maribel Parra screams as protesters confront a line of police near the metropolitan detention center of downtown Los Angeles.Jae C. Hong/The Associated Press21 of 25
  • Protestors watch from an overpass other protestors blocking the 101 freeway.Mario Tama/Getty Images22 of 25
  • A demonstrator runs from a law enforcent officer while trying to reach the highway.Mike Blake/Reuters23 of 25
  • Police are seen through smoke on the 101 Freeway near the metropolitan detention center of downtown Los Angeles, Sunday.Eric Thayer/The Associated Press24 of 25
  • A man is detained by the police near the Metropolitan Detention Center during a protest following federal immigration operations.FREDERIC J. BROWN/AFP/Getty Images25 of 25

“The issue here is mostly the stupid language Trump uses, because he is interested in making things worse,” said Bruce Ledewitz of Duquesne University’s Kline Law School. “A lot of people are here illegally and thus are subject to deportation. When you have violent rioting and people are interfering with law enforcement, you call out the National Guard.”

Indeed, military forces have been used in ways that progressives supported and, in retrospect, revere – especially when John F. Kennedy and Lyndon Johnson employed them in the civil-rights era, which Mr. Kennedy said raised issues “as old as the scriptures and as clear as the American Constitution.” Republicans such as Dwight Eisenhower (during the 1957 Little Rock, Ark., desegregation struggle) and George H.W. Bush (during the 1992 riots following the beating of Rodney King) also have summoned troops at times of contention.

One of the issues here is the deployment of the National Guard over the objections of California’s governor, Gavin Newsom, with whom Mr. Trump repeatedly has sparred as the personification of blue-state progressivism.

In taking this action under the Armed Forces Act, the President also escalated a long-simmering dispute with Mr. Newsom that flared recently over issues involving transgender athletes in women’s sports. The President has threatened to punish the state by withdrawing federal funds much the way he has frozen US$2.2-billion in federal grants to Harvard University in a separate, unrelated matter of contention.

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Stephen Miller, the White House deputy chief of staff regarded as one of the most ardent administration advocates of migrant deportations, posted on social media that the struggle on the streets of Los Angeles was “a fight to save civilization.” The opponents of the action felt precisely the same way.

But this is not a garden-variety question of differing opinions.

Both left and right recognize this as a period when a series of foundational questions are being weighed, including the limits of presidential power – and both Trump supporters and opponents see the Los Angeles episode as a test, even one he has sought, of the President’s inclination and desire to extend his muscular use of executive powers in new directions.

An 1878 law known as the Posse Comitatus Act implicitly permits the deployment of troops in some discrete domestic situations, but specifically bars it from direct law enforcement. In coming days, politicians and scholars are almost certain to debate the relevance and application of this law to the current situation and the current administration.

“We’re going to have troops everywhere,” Mr. Trump said Sunday. He was asked about the bar that must be passed for deploying the Marines. “The bar,” he said, “is what I think it is.”

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