The question regarding retaking so-called autonomous zones is not a matter of law; it is a question of optics. The 14th Amendment and 10 U.S. Code §253 empower a U.S. President to use force to secure individual rights and liberties where and when state or local governments abrogate that responsibility.
This question was settled long ago. State governments never had the power to violate life, liberty, or property, pursuant to Art. IV, §2, cl. 1 of the Constitution, which prohibited states from violating core natural rights from the very first day of the republic. In 1867, however, the 14th Amendment’s Privileges and Immunities Clause gave the federal government enforcement power over states that violate those natural rights, which were specified at the federal level in the Bill of Rights after states had already adopted the original Constitution.
And yes, if you were wondering, this could also be applied to over-zealous COVID19 lockdowns or acts like which private businesses are and are not essential. Add to that as any other violation by a state or local government of a fundamental individual right that is protected by the Constitution or Federal Law.
If the optics were favorable.
So, are they? The optics. Does a federal military incursion into the Capitol Hill section of Seattle (to reestablish personal and property rights) look good on T.V..V.? Not usually and not with this crowd of Marxist sympathizers in the corporate media.
Sympathetic with whom? Workers, residents and business owners have filed a lawsuit against the City of Seattle over allowing thug to seize control of the area where they live and work.
“(T)his lawsuit is about the constitutional and other legal rights of plaintiffs – businesses, employees and residents in and around CHOP – which have been overrun by the city of Seattle’s unprecedented decision to abandon and close off an entire city neighborhood, leaving it unchecked by the police, unserved by fire and emergency health services and inaccessible to the public at large,” the lawsuit says, Q13 FOX reported.
CHOP, as it turns out, is no more. The Mayor of Seattle had declared that the peaceful protest ha been undermined by violence and criminal behavior, and the City is dismantling it.
The “protesters” instructed everyone to clear out before this morning. No doubt, leaving behind a mess and little else of value.
Insurance companies might want to sue Seattle as well.
So, is the point of federal action moot? No, there are plenty of other Democrat run-down urban areas with their own out-of-control “protests, each of which belongs at the feet of the Democrat mayors, city councils, and governors who allowed them to continue. And if they do continue, Mr. Trump should play the same card.
You restore the rights of citizens and business owners and workers, or we will.