Showing posts with label Immigration. Show all posts
Showing posts with label Immigration. Show all posts

Monday, June 16, 2025

Cliffnotes of the Zeitgeist, 92nd Edition. Immigration. How did we get into this mess?

Our Nation’s ICE Officers have shown incredible strength, determination, and courage as they facilitate a very important mission, the largest Mass Deportation Operation of Illegal Aliens in History. Every day, the Brave Men and Women of ICE are subjected to violence, harassment, and even threats from Radical Democrat Politicians, but nothing will stop us from executing our mission, and fulfilling our Mandate to the American People. ICE Officers are herewith ordered, by notice of this TRUTH, to do all in their power to achieve the very important goal of delivering the single largest Mass Deportation Program in History.

In order to achieve this, we must expand efforts to detain and deport Illegal Aliens in America’s largest Cities, such as Los Angeles, Chicago, and New York, where Millions upon Millions of Illegal Aliens reside. These, and other such Cities, are the core of the Democrat Power Center, where they use Illegal Aliens to expand their Voter Base, cheat in Elections, and grow the Welfare State, robbing good paying Jobs and Benefits from Hardworking American Citizens. These Radical Left Democrats are sick of mind, hate our Country, and actually want to destroy our Inner Cities — And they are doing a good job of it! There is something wrong with them. That is why they believe in Open Borders, Transgender for Everybody, and Men playing in Women’s Sports — And that is why I want ICE, Border Patrol, and our Great and Patriotic Law Enforcement Officers, to FOCUS on our crime ridden and deadly Inner Cities, and those places where Sanctuary Cities play such a big role. You don’t hear about Sanctuary Cities in our Heartland!

I want our Brave ICE Officers to know that REAL Americans are cheering you on every day. The American People want our Cities, Schools, and Communities to be SAFE and FREE from Illegal Alien Crime, Conflict, and Chaos. That’s why I have directed my entire Administration to put every resource possible behind this effort, and reverse the tide of Mass Destruction Migration that has turned once Idyllic Towns into scenes of Third World Dystopia. Our Federal Government will continue to be focused on the REMIGRATION of Aliens to the places from where they came, and preventing the admission of ANYONE who undermines the domestic tranquility of the United States.

To ICE, FBI, DEA, ATF, the Patriots at Pentagon and the State Department, you have my unwavering support. Now go, GET THE JOB DONE! DJT

Trump on "Truth Social". 

Over the last few days soldiers of the California National Guard have been backing up ICE in immigration raids in Los Angeles.  The Marine Corps is as well.  The Marines, we now are told, have actually performed an arrest.  There are somewhere between 11.0 million to 18.6 million illegal immigrants, mostly, but not exclusively, from Central America in the country.  During his run for a second term, Donald Trump basically promised to deport them all, but he's really not been much more successful than President Obama was on the same topic.

Of that number, probably about 1.6 million came in during the Biden Administration, not all of them as Republicans seemingly like to suggest.

Lots of reasons are given for this situation, most of which are devoid of historical analysis, and therefore, inaccurate.  We'll take a more indepth view here.

As noted, most illegal immigrants into the US are from Central America. At one time, "illegal alien" almost always tended to mean an illegal entrant who was Mexican, but that never really reflected the entire situation.  As late as the 1980s, the second largest group of illegal entrant into the US were Irish, something almost uniformly ignored.  Indeed, illegal aliens in the US come from all over the globe.  Nonetheless, the big problem is a Central American one.

When you conquer a foreign people and arbitrarily draw a map of convenience for yourself on what you are keeping, you create a problem.

That may sound like a non sequitur, but we need to start there.  

The United States fought Mexico from 1845 to 1848, wi th most of the last part of that period being an occupation of the country.  The Mexican War is more complicated than its generally considered to be, and I'll not go into the origins of the war.  Suffice it to say, however, that a result of the war, the principal result in fact, was that the US acquired 55% of Mexico.

Now, that 55% is a bit deceptive in that the US did not acquire 55% of the Mexican population.  In 1848, when the Treaty of Guadalupe Hidalgo was signed by Mexican representatives chosen by hte US to sign it, the overwhelming majority of Mexicans lived south of the Rio Grande.  There were, however, Spanish speaking populations north of the river, with most of them living in Texas, which Mexico had not regarded as properly lost, New Mexico, and California.  Mexican populations, however, stretched all the way up into Spanish speaking settlements in Colorado as well.  

Depending upon where they lived, many of those Hispanic populations were distinct with distinct histories, which also set them apart from the population of Mexico, although that population is more diverse then imagined.  The closer you got to the Rio Grande, however, the more "Mexican", the population was.

The border was extremely fluid, although real, and would be for decades thereafter.  People crossed back and forth over it fairly readily for various reasons.  To the extent there was control of the border, on the US side it was by the US Army, and on the Mexican side, the Mexican Army, both of which occasionally crossed the border in pursuit of Native Americans.

It was the Mexican Revolution that really began to change things.

Mexican refugees crossing into the United States in 1915.

The Mexican Revolution saw an increased rate of border crossing as various groups of displaced people picked up and fled into the US.  The US was a haven for combatant leaders and politicians from all sides of the war itself, which remained the case for decades.  Villa famously attacked Columbus, New Mexico, in 1916, but he also had taken refuge in the US prior to that.

The Revolution caused the US to really patrol the border in earnest for the first time, with the National Guard serving on the border up until early 1917, while the U.S. Army crossed the border in pursuit of Villa.  In the popular imagination the war ended in 1920 when Obregón sworn in as President after having rebelled against Carranza, but that simply isn't true.  Villa was assassinated in 1923 and Plutarco Elías Calles came into power as a radical anti Catholic in 1924, which resulted in heavy repression of CAtholicism even though over 80% of the population was Catholic. This sparked the actual last major rebellion against the government in the form of the Cristero War, which lasted until 1929.

As with earlier phases of the Revolution, the Cristero War caused refugee populations to migrate to the US.  Indeed, the Cristero's weren't even the first religious refugees of the war, as Mormon populations had in some instances migrated out of Mexico earlier.  As that had an ethnic component to it, the Mormons were mostly Americans culturally or in fact, we should note that migrant Japanese populations in Mexico were in some instances evacuated by the U.S. Army during the Punitive Expedition.

There were concerns about the large number of migrants even then, with it interestingly being the case that some of the existing Hispanic populations were amongst those concerned, which has tended to be the case more recently as well.  Colorado passed the first law in the US banning marijuana as Hispanics native to the state associated it with Mexican refugees, with whom they did not wish to be confused or associated.

These various events caused the Border Patrol to be created in 1924. By that time, the really hot period of the Mexican Revolution was over, and the Cristero War had not yet begun, so the early Border Patrol entered the story at a time that is quite different from the present.

Indeed, while the  Cristero War saw an influx of migrants, its end came with the arrival of the Great Depression, during which illegal immigration was not a major problem.

But that brings us to why this Cliffnotes of the Zeitgeist is being published first here, rather than on Lex Anteinternet where  they normally are.

Let's take a look at pre World War Two agriculture. . . and economics. . . and marriage.  Well, let's take a look at the US before World War Two.

It's easy to say, "it's was a different country", but it wasn't.  It was much different, however.

Ironically, lots of rank and file Trump supporters look back to that era, or the one that came immediately after it in the 1950s, as a Golden Age they'd wish to return to.  And to some extent, now without good reason. . . although they themselves would largely choose to keep the moral laxity of the post 1960s, as long as it applied to men and women.  What they seemingly want, sort of, is the economy of the 1950s with the personal morality of the high Playboy era.  Or maybe they want the 60s themselves, but without the drugs and Vietnam, but with good paying industrial jobs, no fault divorce, and Fran Gerard.1

The pre World War Two world, indeed, the pre 1980 world, was much less corporate than it is now.  While there were chain stores of one kind or another, Piggly Wiggly, Safeway, Woolworths, etc. much of retail was very local.

From Safeway's website.

Agriculture in much of the country was of the classic "family farm" type. Ranching definitely was.  Outside of the South, remote owners of farms and ranches was extremely unusual.  The South stood out as an exception due to historical reasons, as there was a tremendous amount of sharecropping in that region, but the owners of the land were still local.  Hobby agriculture was a thing, but it wasn't a major thing.

Economics were almost much thinner.  The middle class was much poorer than it is today and large portions of it lived very near the poverty line. The reverse is true today.  Much of the middle class slips into the upper class periodically, and drops back out of it, without realizing it. They don't consider themselves "rich", but they periodically, statistically, are.  

Indeed, while its disturbing to many, including frankly distributist, the modern American economy has had the effect of making Americans as a whole extremely wealthy.  Americans like to note that the average wage hasn't rising in years, but because average prices have effectively dropped, in comparison to inflation, their spending power has continually grown.

Not that everything has been perfect, by any means.  As often noted, it's impossible for families, for the most part, to get by on a single income, which cuts against what I just stated.  

Popular traditionalist meme with some truth to it, but it requires more thought than this.  Also, this pertains more to the 50s and 60s, than it does to eras before it.

Considering that, however, we need to start off with noting that what people imagine as "traditional" really means the 1950s, in this sense, with the "1950s" really being the years from about 1955 to 1965, that is from the end of the Korean War to the beginning of largescale troop deployments in Vietnam.  The "American Graffiti" era, in other words, which is set in the early 1960s, ot the 1950s as sometimes imagined.  The economy really was exceptional then for a wide variety of reasons.  Europe and Asia's economies had been flattened by the Second World War.  China's economy, which was not a major player in the world in any event, was removed from the international scene by its fall to Communism.  The US was really on the only major industrial power in the world that didn't suffer two decades of economic recovery due to the war.  Technological advances of the 30s and 40s came inot the American market on a largescale due to the end of the Great Depression.  American education advanced enormously due to the GI Bill.

Before 1940, however, families got by on one income due to home economics, to a large degree.  That is, people lived in smaller houses, they had one car, they didn't go on extended vacations, they didn't buy "home entertainment centers", and so on.  We've dealt with it extensively, but unmarried women and men living in the communities they grew up in, lived with their parents.  It was unusual for an unmarried man to own a home.  Men and women basically went from their families home and economic care right into marriage, as a rule.

If they got married.

We haven't dealt with that much either.  By and large, most people in American society got married.  But there were entire classes of people that did not.  One we've dealt with before is Catholic Priests.  As we've noted, the Priesthood, and religious orders, were two ways in which Catholic men and women could have what amounted to a middle class existence without getting married.2 

Other professions of that era had the same feature, however.  Enlisted soldiers in the services were largely unmarried.  They were not paid well, particularly in the lower grades, although that was somewhat made up for by the government providing housing, food and clothing.  If they were married, it was usually only after they'd climbed in rank, which in the pre World War Two Army took an extremely long time.  Junior officers were rarely married either, although more senior ones normally were.

And agricultural workers, those who worked for wages, were often unmarried.  Working cowboys almost never were.  Their jobs just didn't pay enough for them to marry.

Cowhands are a particularly interesting example.  The end of the open range meant that ranches became more established and were normally family outfits.  But the sons of those who were not to inherit the ranch, as well as some men who were just attracted to an outdoor life, provided a pool of men who became cowboys working for wages. There was more of a need for cowboys at the time than there is now, as machinery had not made inroads into agriculture like it has since.  There are lot of things a person could point to in the case of farming, which became much more mechanized in the 1950s, but this is also true of ranching, which had not yet seen the introduction of the 4x4 truck.  Cowhands were expected to provide their own equipment, but the ranch provided everything else for them.3 Even on farms, there were lifelong farm workers who were just that, unmarried men who spent their lives working on a farm they did not own.

That's where things circle back into the story of immigrants and agriculture.

Prior to World War Two, temporary agricultural labor was usually local.  Farms tended to be small in comparison to the giant ones that exist now, and the labor was often made up of the extended families of the farmers.  There was temporary labor, including Hispanic labor from Mexico near the border, but its need didn't exist to the extent it later did.  As noted, people lived closer to poverty, which meant that they endured those conditions more readily, by necessity.  The world was simply smaller too.  People didn't consider it odd to send teenagers, or even children, into the fields during the summer months.

World War Two removed thousands of those people from their pre war lives, including their prewar economic existences.  Men who had been sent all around the country, and overseas, didn't tend to return to agricultural work involving remaining single, and they didn't have to either, given the post war economy. Women who had worked in fields prior to the war worked in factories during it, and had grown used to a new life. They had no interest in returning to the pre war lifestyle either, and they also didn't have to.

Somebody had to do the work.

During the war, Mexican labor was brought in to do it under the Bracero program.  And to some degree, the situation it created, has been with us ever since.  Yeoman's Fourth Law of History at work.

So now what?

Well, in order to really reduce the number of immigrant farm workers, legal and illegal, at work in American fields, you'd need to create a situation in which Americans would do the work. That won't happen in the current farm economy, however.

After the Second World War the US went to a "cheap food" policy, and we've had it ever since.  We note this as one thing you could do is pay Americans the necessary rate to work in the fields, but that would be grossly in excess of what immigrant laborers are now getting paid.  That raises all kinds of moral issues, but one practical issue is that if we are going to address this, just like the topic of imported foreign products, the time to do it was decades ago, not now.  Indeed, in the case of immigrant farm labor, the time to address it would ideally have been 1945.

In other words, it'd cause a huge spike in food prices.

Another thing you could do would be to try to address industrialization of agriculture.  When farms were smaller and there was less of a need  for extra labor.  That could be done by making the remote corporate ownership of farms illegal, although that would frankly not address all of the problem by any means.

Any way it is looked at, it would mean that Americans would pay more at the grocery store, and the question there is whether or not they're willing to do it for a major societal shift.  Hardcore National Conservatives are banking on Americans being able to be forced into this.  

Trump?

Richard Ortiz is a migrant worker in Nipomo, California where famous photographer Dorothea Lange took a photograph of the Migrant Mother, Florence Owens Thompson in the 1930s


Florence Owens Thompson.   The mother of ten children, her first husband was the son of a farmer with whom she became a migrant farm worker.  Her second, if he was a second, would have been a common law arrangement.  She also occupied a wide variety of other occupations through the 1940s.  In 1952 she marred a hospital administrator and her life obtained stability.  Essentially, her life demonstrates exactly what we've set out above.

I somehow doubt it.  But who knows.


Suffice it to say, in much of this, basic morality seems to have gone right out the window.

Footnotes

1.  This is not how National Conservatives see things, however, which is one of the ironies of the Trump movement.  National Conservatives have a definite Benedict Option worldview and the libertine nature of the post 1960s American culture doesn't fit into that at all.  Immigrants frankly don't much either.

2.  I'm not suggesting that people's callings were not real.  Indeed, because of economic conditions, and society norms, particularly regarding the conduct of young women and men, callings were easier to hear.  I would note, however, that the economic realities of the era probably at least influenced the thinking of some people.

3. Good descriptions of this can be found in Louise Turk's book Sheep! and Doug Crowe's book A Growing Season, all of which discuss this in the context of cowboys.  A good description of it in a novel can be found in Horseman, Pass By, by McMurtry.

Last edition:

Subsidiarity Economics 2025. The Times more or less locally, Part 7 and Cliffnotes of the Zeitgeist, 91st Edition. Reality is hard.


Lex Anteinternet: Cliffnotes of the Zeitgeist, 91st Edition Postscript. Remigration

 


Lex Anteinternet: Subsidiarity Economics 2025. The Times more or les...: We start, where we left off: June 13, 2025 Trump signed a Congressional resolution counteracting California's prohibition on the sale of...

Trump must have taken some hard right blow back on his seemingly temporary decision to make an exception in some industries.  Yesterday, he posted this:

Our Nation’s ICE Officers have shown incredible strength, determination, and courage as they facilitate a very important mission, the largest Mass Deportation Operation of Illegal Aliens in History. Every day, the Brave Men and Women of ICE are subjected to violence, harassment, and even threats from Radical Democrat Politicians, but nothing will stop us from executing our mission, and fulfilling our Mandate to the American People. ICE Officers are herewith ordered, by notice of this TRUTH, to do all in their power to achieve the very important goal of delivering the single largest Mass Deportation Program in History.

In order to achieve this, we must expand efforts to detain and deport Illegal Aliens in America’s largest Cities, such as Los Angeles, Chicago, and New York, where Millions upon Millions of Illegal Aliens reside. These, and other such Cities, are the core of the Democrat Power Center, where they use Illegal Aliens to expand their Voter Base, cheat in Elections, and grow the Welfare State, robbing good paying Jobs and Benefits from Hardworking American Citizens. These Radical Left Democrats are sick of mind, hate our Country, and actually want to destroy our Inner Cities — And they are doing a good job of it! There is something wrong with them. That is why they believe in Open Borders, Transgender for Everybody, and Men playing in Women’s Sports — And that is why I want ICE, Border Patrol, and our Great and Patriotic Law Enforcement Officers, to FOCUS on our crime ridden and deadly Inner Cities, and those places where Sanctuary Cities play such a big role. You don’t hear about Sanctuary Cities in our Heartland!

I want our Brave ICE Officers to know that REAL Americans are cheering you on every day. The American People want our Cities, Schools, and Communities to be SAFE and FREE from Illegal Alien Crime, Conflict, and Chaos. That’s why I have directed my entire Administration to put every resource possible behind this effort, and reverse the tide of Mass Destruction Migration that has turned once Idyllic Towns into scenes of Third World Dystopia. Our Federal Government will continue to be focused on the REMIGRATION of Aliens to the places from where they came, and preventing the admission of ANYONE who undermines the domestic tranquility of the United States.

To ICE, FBI, DEA, ATF, the Patriots at Pentagon and the State Department, you have my unwavering support. Now go, GET THE JOB DONE! DJT

"Remigration" is a far-right European concept of mass deportation or promoted voluntary return of non-white immigrants and their descendants to their place of racial ancestry.

Sunday, June 15, 2025

Subsidiarity Economics 2025. The Times more or less locally, Part 7 and Cliffnotes of the Zeitgeist, 91st Edition. Reality is hard.


We start, where we left off:

June 13, 2025

Trump signed a Congressional resolution counteracting California's prohibition on the sale of petroleum vehicles after 2035.

It appears that a TACO moment is coming up.


The messaging here is really spastic.  Illegal immigrants in cities are violent criminals, unless they work in the hospitality industry, in which case they're good, long time workers, which is also true of farms, even though the DHS has a plan to raid farms with National Guardsmen to remove them.

Eh?

Of course, regarding agriculture, which I'm very familiar with, this is all an unintended consequence of the Bracero Program, which started the process of taking American laborers out of the fields, all of which raises a larger question.  

Will Americans return to the jobs occupied by foreign workers, and what sort of pay will it require, if they will, to cause them to do that?

And, as that tweet predicted, the  Trump administration directed immigration officers to pause arrests at farms, restaurants and hotels.

We have a more indepth look at this story coming up, maybe, but Trump has repeatedly received  a hard dose of reality on his pet theories, or the pet theories of those who backed him in his rise to power.  Indeed, the entire group of MAGA theorists are getting repeated lessons on being locked into the past in a very distinct way.  To reverse things, back to, say, 1958 requires massive disruption on a scale that the country, for the most part, isn't willing to endure.

This has given rise to the Trump "TACO" nickname, Trump Always Chickens Out.  It's probably not really a good idea to goad him too much on that.  Reversing course in disastrous policies isn't really "chickening out" but it does mean that Trump supporters and insiders have to now really turn a totally blind eye to what's going on.

What does that do, however, to people like Peter Navarro, who radically advocated for tariffs?  And more than that, where does it leave people like Tom Homan who are radically in favor of mass deportation?  Indeed, to a very large degree it was illegal immigration and the concept that American jobs had been stolen by migrants, or exported overseas, that brought Trump to power.  Without those issues, much of what he stood for is gone.

Indeed, Holder denied he'd heard anything about any changes yesterday when it came up.  Authorities raided two California farms earlier this week, and the now open plan is to try to deport 3,000 illegal immigrants per day.  White House officials at first denied there were any changes as well, but now it seems that, indeed, their are.

Loyal Trumpites have consistently excused his changes in the menu.  It'll be interesting to see if they have changed their views here as well.


Last edition:

Subsidiarity Economics 2025. The Times more or less locally, Part 6. “Rarely has an economic policy been repudiated as soundly, and as quickly, as President Trump’s Liberation Day tariffs.”


Cliffnotes of the Zeitgeist, 90th Edition. Parade and Protests.

Saturday, June 14, 2025

Court Watch

Chaos was the law of nature; Order was the dream of man. 

Henry Adams.

A glimpse into what's going on in the law, and the Court's.


April 21, 2025

1.  The U.S. Supreme Court had issued a temporary stay on deportations of Venezuelans to El Salvador under the Enemy Aliens Act, as it well should have.  There isn't a war going on.

The pause is so that it can take the question in chief.

On the same basic topic, a Federal judge has issued a finding of probable cause of criminal contempt for the administration's refusal to adhere to his order regarding such deportations.

2.  Wyoming Tribe's Law Firm One Of The Few Fighting Trump's Big-Law Orders

Trump's ongoing assault on the law includes assaulting law firms that have displeased him. Quite a few have caved in, but this one didn't.

3.  A federal judge ordered that Tufts University student Rumeysa Ozturk be transferred from a detention center in Louisiana to Vermont no later than at the start of next month.

4.  The U.S. Supreme Court will hear arguments on the Trump administration's plans to end birthright citizenship next month.  Trump, in one of his many stupid statement moments, said that this should be an easy win as birthright citizenship was tied to slavery, which is really ignorant.

5.  Wyoming Supreme Court mulls constitutionality of state’s abortion bans: Much like the case, Wednesday’s hearing largely focused on whether a section of the state’s constitution that protects individuals’ rights to make their own health care decisions prevents the state from banning abortion.

A frustrating thing for conservatives who would like to find a more middle of the road set of people to vote for, now that the Wyoming Republican Party is in a civil war between real conservatives and populists, is that the Democratic Party nationally and locally just can't wash it hands of blood.  

It puts voters in a horrible position.  Insane gerontocracy v. seas of blood.

Former Wyoming Supreme Court Justice Keith Kautz created some controversy when he joined some legislators in a prayer session associated with the oral arguments, stating as a prayer:

I especially pray for the justices on the Wyoming Supreme Court.  May they know that the true beginning of wisdom is to acknowledge you. Give each of them wisdom and courage in deciding the case coming next week. Let them see how much you love each human and the world you created.

I don't see a problem with that, but apparently some people did.  Justice Kautz noted that he asked, upon retiring, not to be assigned to any cases dealing with abortion because of his religion based opposition to it.  He apparently is a member of a Baptist group called "Converge". 

6.  A group of Wyoming lawyers wrote an open letter about recent legal developments.  It was directed at Wyoming's Congressional representation.

Condemn attacks on judiciary, Wyoming lawyers and judges urge delegation

The letter was met with a "pound sand" response from that representation which went on to say that Federal courts had too much jurisdiction, which they are seeking to limit.

That's wrong, and that's a mistake.

William Roper: “So, now you give the Devil the benefit of law!”

Sir Thomas More: “Yes! What would you do? Cut a great road through the law to get after the Devil?”

William Roper: “Yes, I'd cut down every law in England to do that!”

Sir Thomas More: “Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!”

Robert Bolt, A Man for All Seasons: A Play in Two Acts

April 24, 2025

Trump has issued an order which takes on accrediting bodies, including the ABA.

REFORMING ACCREDITATION TO STRENGTHEN HIGHER EDUCATION

Executive Orders

April 23, 2025

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1.  Purpose.  A group of higher education accreditors are the gatekeepers that decide which colleges and universities American students can spend the more than $100 billion in Federal student loans and Pell Grants dispersed each year.  The accreditors’ job is to determine which institutions provide a quality education — and therefore merit accreditation.  Unfortunately, accreditors have not only failed in this responsibility to students, families, and American taxpayers, but they have also abused their enormous authority.

Accreditors routinely approve institutions that are low-quality by the most important measures.  The national six-year undergraduate graduation rate was an alarming 64 percent in 2020.  Further, many accredited institutions offer undergraduate and graduate programs with a negative return on investment — almost 25 percent of bachelor’s degrees and more than 40 percent of master’s degrees — which may leave students financially worse off and in enormous debt by charging them exorbitant sums for a degree with very modest earnings potential.

Notwithstanding this slide in graduation rates and graduates’ performance in the labor market, the spike in debt obligations in relation to expected earnings, and repayment rates on student loans, accreditors have remained improperly focused on compelling adoption of discriminatory ideology, rather than on student outcomes.  Some accreditors make the adoption of unlawfully discriminatory practices a formal standard of accreditation, and therefore a condition of accessing Federal aid, through “diversity, equity, and inclusion” or “DEI”-based standards of accreditation that require institutions to “share results on diversity, equity, and inclusion (DEI) in the context of their mission by considering . . . demographics . . . and resource allocation.” Accreditors have also abused their governance standards to intrude on State and local authority.

The American Bar Association’s Council of the Section of Legal Education and Admissions to the Bar (Council), which is the sole federally recognized accreditor for Juris Doctor programs, has required law schools to “demonstrate by concrete action a commitment to diversity and inclusion” including by “commit[ting] to having a student body [and faculty] that is diverse with respect to gender, race, and ethnicity.”  As the Attorney General has concluded and informed the Council, the discriminatory requirement blatantly violates the Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. 181 (2023).  Though the Council subsequently suspended its enforcement while it considers proposed revisions, this standard and similar unlawful mandates must be permanently eradicated.

The Liaison Committee on Medical Education, which is the only federally recognized body that accredits Doctor of Medicine degree programs, requires that an institution “engage[] in ongoing, systematic, and focused recruitment and retention activities, to achieve mission-appropriate diversity outcomes among its students.”  The Accreditation Council for Graduate Medical Education, which is the sole accreditor for both allopathic and osteopathic medical residency and fellowship programs, similarly “expect[s]” institutions to focus on implementing “policies and procedures related to recruitment and retention of individuals underrepresented in medicine,” including “racial and ethnic minority individuals.”  The standards for training tomorrow’s doctors should focus solely on providing the highest quality care, and certainly not on requiring unlawful discrimination.

American students and taxpayers deserve better, and my Administration will reform our dysfunctional accreditation system so that colleges and universities focus on delivering high-quality academic programs at a reasonable price.  Federal recognition will not be provided to accreditors engaging in unlawful discrimination in violation of Federal law.

Sec. 2.  Holding Accreditors Accountable for Unlawful Actions.  (a)  The Secretary of Education shall, as appropriate and consistent with applicable law, hold accountable, including through denial, monitoring, suspension, or termination of accreditation recognition, accreditors who fail to meet the applicable recognition criteria or otherwise violate Federal law, including by requiring institutions seeking accreditation to engage in unlawful discrimination in accreditation-related activity under the guise of “diversity, equity, and inclusion” initiatives.

(b)  The Attorney General and the Secretary of Education shall, as appropriate and consistent with applicable law, investigate and take appropriate action to terminate unlawful discrimination by American law schools that is advanced by the Council, including unlawful “diversity, equity, and inclusion” requirements under the guise of accreditation standards.  The Secretary of Education shall also assess whether to suspend or terminate the Council’s status as an accrediting agency under Federal law.

(c)  The Attorney General and the Secretary of Education, in consultation with the Secretary of Health and Human Services, shall investigate and take appropriate action to terminate unlawful discrimination by American medical schools or graduate medical education entities that is advanced by the Liaison Committee on Medical Education or the Accreditation Council for Graduate Medical Education or other accreditors of graduate medical education, including unlawful “diversity, equity, and inclusion” requirements under the guise of accreditation standards.  The Secretary of Education shall also assess whether to suspend or terminate the Committee’s or the Accreditation Council’s status as an accrediting agency under Federal law or take other appropriate action to ensure lawful conduct by medical schools, graduate medical education programs, and other entities that receive Federal funding for medical education.

Sec. 3.  New Principles of Student-Oriented Accreditation.  (a)  To realign accreditation with high-quality, valuable education for students, the Secretary of Education shall, consistent with applicable law, take appropriate steps to ensure that:

(i)    accreditation requires higher education institutions to provide high-quality, high-value academic programs free from unlawful discrimination or other violations of Federal law;

(ii)   barriers are reduced that limit institutions from adopting practices that advance credential and degree completion and spur new models of education;

(iii)  accreditation requires that institutions support and appropriately prioritize intellectual diversity amongst faculty in order to advance academic freedom, intellectual inquiry, and student learning;

(iv)   accreditors are not using their role under Federal law to encourage or force institution to violate State laws, unless such State laws violate the Constitution or Federal law; and

(v)    accreditors are prohibited from engaging in practices that result in credential inflation that burdens students with additional unnecessary costs.

(b)  To advance the policies and objectives in subsection (a) of this section, the Secretary of Education shall:

(i)    resume recognizing new accreditors to increase competition and accountability in promoting high-quality, high-value academic programs focused on student outcomes;

(ii)   mandate that accreditors require member institutions to use data on program-level student outcomes to improve such outcomes, without reference to race, ethnicity, or sex;

(iii)  promptly provide to accreditors any noncompliance findings relating to member institutions issued after an investigation conducted by the Office of Civil Rights under Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) or Title IX of the Education Amendments Act of 1972 (20 U.S.C. 1681 et seq.);

(iv)   launch an experimental site, pursuant to section 487A(b) of the Higher Education Act of 1965 (20 U.S.C. 1094a(b)), to accelerate innovation and improve accountability by establishing new flexible and streamlined quality assurance pathways for higher education institutions that provide high-quality, high-value academic programs;

(v)    increase the consistency, efficiency, and effectiveness of the accreditor recognition review process, including through the use of technology;

(vi)   streamline the process for higher education institutions to change accreditors to ensure institutions are not forced to comply with standards that are antithetical to institutional values and mission; and

(vii)  update the Accreditation Handbook to ensure that the accreditor recognition and reauthorization process is transparent, efficient, and not unduly burdensome.

Sec. 4.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

                              DONALD J. TRUMP

THE WHITE HOUSE,

April 26, 2025

The Trump administration really took a step towards Nazism with the arrest of Milwaukee County Circuit Court Judge Hannah Dugan for supposedly interfering with immigration laws.

Wyoming’s crossover voting ban and closed primary elections are being challenged in a newly filed civil action.

This should be really interesting.

Virginia Giuffre, who accused Prince Andrew and Jeffrey Epstein of sexual abuse, has died by suicide at age 41.  Prince Andrew's fall is directly tied to her, and there's no doubt that they met when she was just 17 years old, although he denied any improper conduct with her.

She was a married woman with three children, and had relocated to Australia. Apparently she and her husband had recently separated, and she had recently been in an automobile accident.

The topic of releasing the Epstein files has come up, but so far the Trump administration has failed to release them.  Trump, of course, knew Epstein.

April 29, 2025

Hageman, Barrasso Say Judges Who Shield Illegal Immigrants Should Be Arrested

President Donald Trump’s administration did not go too far in arresting judges for allegedly shielding illegal immigrants from federal agents, say members of Wyoming’s congressional delegation.

April 30, 2025

Judge: Rock Springs school didn’t violate parental rights in transgender pronoun case: School district officials, educators did not keep information from high schooler’s parents or violate mother’s religious rights, federal judge concludes.

May 2, 2025

A federal judge in Texas barred the Trump administration from deporting Venezuelans from South Texas under the Enemy Aliens Act.

May 3, 2025

I missed it, as I was busy, but Law Day, which is May 1, was rebranded by Trump as Loyalty Day.

The meanings aren't even remotely close.

A Federal Court blocked the Trump administration sanctions on a U.S. law firm.

May 16, 2025


A retired lawyer has sued Secretary of State Chuck Gray maintaining that as Gray spread lies about the January 6 insurrection, he supported the campaign of insurrectionist Donald Trump and therefore is disqualified from office under the 14th for being an insurrectionist himself.

That suit will go nowhere, it's really strained.

Trump is an insurrectionist and isn't qualified to hold office, and Gray did support him, but there was never an adjudication in Wyoming as to Trump's status and therefore Gray would have been entitled to argue in favor of him, even with wild fantasies that the election was stolen.

Moreover, the 14th Amendment in the end disallows an insurrectionist from being seated in office, which is why I take the position that Trump is not currently the President, but it also allows for the disqualification to be lifted by Congress.  I think, therefore, that it would have been valid to argue that Trump should be elected, as Congress could have lifted the disability.  It simply never came up.

Lawsuits like this amount to pointless tilting at windmills and frankly discredit those who oppose Trump by being goofy.  Gray has resorted to his usual speech decrying the "radical left". That speech has grown tiresome and I frankly doubt anyone listens to it anymore, but it is giving him something to complain about that fits in with his campaign's past themse, and it likely future one.

On other news, the Federal Court is allowing UW sorority sisters to amend their complaint against the man who has been admitted as a sister in their sorority.

A lot of people have heard that the Supreme Court heard arguments on birthright citizenship this week, but it didn't.  It heard a case on nationwide injunctions which involved birthright citizenship.  The court can, and probably will, issue its opinion without addressing the question of citizenship.

May 17, 2025

The US Supreme Court extended an injunction prohibiting the deportation of Venezuelans under the Enemy Alien Act, with their being two dissents.

June 10, 2025

Wyoming sorority sisters file new lawsuit, but drop transgender student from case

June 14, 2025

Wyoming Education Association files lawsuit to stop school voucher payments: Complaint argues that the state funding private education violates the Wyoming Constitution in two key ways.

US Civil Unrest

U.S. District Judge Charles Breyer ruled the Trump's direct Guard deployment was illegal, violating the Tenth Amendment and exceeding Trump’s statutory authority.  An appeals court stayed enforcement of the order upon review.



Tuesday, June 10, 2025

Misusing the National Guard.

Lex Anteinternet: Cliffnotes of the Zeitgeist, 88th Edition. A pred...: There's been some interesting signs of things to come recently, including where Hegseth is headed on women in the military, and where Tr...

In that, I noted the following:

On other things military, we have this:

June 8, 2025

US Civil Unrest

Donald Trump has federalized some units of the California National Guard and ordered them to Los Angeles in response to violent immigration protests there.

A President federalizing a Guard unit ab initio like this is very unusual.

Some are declaring that this is a first step towards nationwide martial law.  I doubt it.  It's a bad move however.  Troops, including National Guardsmen, make poor police.  They really aren't trained for it, but are trained to use force.

Usually troops, including National Guardsmen, who are deployed in this role aren't given ammunition.  The opposite can happen, of course, as Kent State famously and tragically indicated.  This is a bad look, anyway you view it.

What we didn't note is the damage this is likely to do to the National Guard, particularly if this event repeats.

The other day we noted that the National Guard, the way it reckons its history, is older than the Army, dating back to December 13, 1636.  The early United States relied upon state militias for defense much more than they did the Regular Army, which was tiny and tended to be deployed in coastal forts, a few established bases, and later on the western frontier.  In case of invasion, such as occurred in the War of 1812, it was the militia that the US was relying.  Every man of military age had to serve in their state's militias.

After the Civil War that began to change as society became more fluid.  Men began to ignore their militia duty and nothing was really done about it.   In response, most states came to form more permanent volunteer units, although some states had those dating back to colonial times, and most Eastern states had them before the Civil War.  After the war, however, some State Governors began to use those troops as strikebreakers.  It happened, for instance, in Pennsylvania and it happened again during the Colorado Coalfield War.

Guardsmen hated it.

Guardsmen looked at the service state militias and state volunteer units had provided during the Civil War and again during the Spanish American War and argued that their status as a military reserve needed to be clarified. The Army didn't like the idea at all.  The Guard won out, however, and the Militia Act of 1903 made that status clear.*

The Army had a hard time accepting it from the onset, but it was forced to rely on the Guard during the Mexican Border War and then during World War One, during which a huge percentage of troops were National Guardsmen.  The Great War really began to change things and in the 20s and 30s new efforts were made to really incorporate the Guard into the Army and bring its training up to Army standards.  That paid off in World War Two and again during the Korean War, as well as the early Cold War.

The Guard was hurt, however, by the Vietnam War.  Secretary of Defense Robert McNamara didn't like reserve forces to start with, he backed an effort to eliminate the Army Reserve, for instance, and the Johnson Administration was fearful of deploying the Guard in Indochina.  The Guard became a haven for men seeking to avoid serving in the U.S. Army during the war, although that does not mean that all of their objections were illegitimate. At least they were serving.  Late in the war some National Guard units were deployed to Vietnam, including a Ranger unit from California, so its not true that the Guard wasn't used at all.  Indeed, the Air National Guard was used a lot, flying various missions to and from Vietnam in a manner that was basically off the books in terms of calculating forces in Vietnam.

Nonetheless, the Vietnam War caused the moniker "Weekend Warrior" to attach to Guardsmen as a slur.  Use of the Ohio National Guard at Kent State didn't help at all.

Since the Vietnam War, however, the Army National Guard  has been assimilated into the Army in a manner that's nearly seamless. The Guard became very much part of the Army's plans in the post Vietnam Cold War after conscription ended.  This remains the case today. The Army can't fight a war without the Guard, and it hasn't fought one without it. The Air National Guard is so much a part of the Air Force that much of it is deployed all the time, and some pilots with some transport units are basically full time service members.

Enter Donald Trump, who has never been in the Service, and his use of the California Army National Guard as riot police.

This has never worked well.  Soldiers aren't policemen, they don't want to be, and they don't work well in that role when they're deployed to do it.  Not only that, it will, and already has, cause a detrimental impact on the reputation of the National Guard.

Indeed, an interesting example of just that is this report by NPR:

Most Recent Episodes

Protests in Los Angeles over Trump's immigration policies

Protests in Los Angeles over Trump's immigration policies

After a series of immigration raids in and around Los Angeles, protestors demonstrated against the actions & the broader immigration policies of the Trump administration. In response, the president federalized the California National Guard without asking state and local officials. The rare move has drawn strong criticism from California lawmakers.

The report isn't hostile to the Guard and its very interesting for a variety or reasons, most specifically in regard to a DHS report that plans the use of the Guard in a policing/border patrol way on a massive scale.  But I first note it here as the reporter, who is NPR's Pentagon reporter, completely gets the Guard, and its history, wrong.  He states flat out that they're mostly used for what amount to natural disasters. That's completely wrong, although the Guard itself likes to emphasize that sort of role.  In reality, the Guard is a reserve of the U.S. Army and a state militia, and the Army's combat arms reserves are principally in the National Guard, not the Army Reserve, which mostly has a support role.  He also states that this sort of deployment is basically completely unprecedented.  It's not.  It's rare, but not without precedent.  Indeed, the example of calling up Guard units from distant states and using them as sort of a border patrol, sort of, occurred when President Nixon called the Guard up to serve on the border following Villa's raid on Columbus, New Mexico, in 1916, although very rare distinctions can be made as they were also very much defending the border against the possibility of an armed Mexican military or Villista attack.


The misuse of the National Guard, both by using it for riot control and by failing to deploy it in significant numbers during the Vietnam War, damaged the Guard for years.  During the war the Guard, and to a lesser extent the Reserves, gained a reputation as being a haven for those seeking to avoid combat duty, which was true to more than a little extent.  That reflected itself in public thought, and in post Vietnam War portrayals of the Guard, such as the negative portrayals found in Southern Comfort (1981), Earthquake (1974), and The Eagle Has Landed (1976), all of which otherwise take on very divergent themes.  The last of the Vietnam War era Guardsmen who had joined to evade service in Vietnam were out of the Guard by 1979, but the reputation stuck around longer.  Indeed, ironically, the Guard of the 1970s filled up with a lot of Vietnam veterans who couldn't adjust back to civilian life, meaning that it had a lot of combat experience in its rank.  Vietnam vets stuck around in the Guard for a very long time after the war, for that matter, with some of them lasting long enough to serve again in combat in Afghanistan.

And now comes this.  

ICE, which is one of the stupidest named Federal entities ever, doesn't have the manpower to take on the tasks the Trump administration has assigned to it and its completely obvious that it couldn't go into a city like Los Angeles without drawing attention to itself.  But calling out the National Guard, and then the Marine Corps, to deal with that was a grossly excessive response.

And one which is very concerning to say the least.

Whatever else occurs, we can expect Guard recruitment to start falling pretty quickly.

Footnotes:

*

57TH UNITED STATES CONGRESS

2ND SESSION

An Act

To promote the efficiency of the militia, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the militia shall consist of every able-bodied male citizen of the respective States, Territories, and the District of Columbia, and every able; bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes-the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the remainder to be known as the Reserve Militia.

Sec. 2. That the Vice-President of the United States, the officers, judicial and executive, of the Government of the United States, the members and officers of each House of Congress, persons in the military or naval service of the United States, all custom-house officers, with their clerks, postmasters and persons employed by the United States in the transmission of the mail, ferrymen employed at any ferry on a post-road, artificers and workmen employed in the armories and arsenals of the United States, pilots, mariners actually employed in the sea service of any citizen or merchant within the United States, and all persons who are exempted by the laws of the respective States or Territories shall be exempted from militia duty, without regard to age: Provided, That nothing in this Act shall be construed to require or compel any member of any well-recognized religious sect or organization at present organized and existing whose creed forbids its members to participate in war in any form, and whose religious convictions are against war or participation therein, in accordance with the creed of said religious organization, to serve in the militia or any other armed or volunteer force under the jurisdiction and authority of the United States.

Sec. 3. That the regularly enlisted, organized, and uniformed active militia in the several States and Territories and the District of Columbia who have heretofore participated or shall hereafter participate in the apportionment of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes of the United States, as amended, whether known and designated as National Guard, militia, or otherwise, shall constitute the organized militia. The organization, armament, and discipline of the organized militia in the several States and Territories and in the District of Columbia shall be the same as that which is now or may hereafter be prescribed for the Regular and Volunteer-Armies of the United States, within five years from the date of the approval of this Act: Provided, That the President of the United States, in time of peace, may by order fix the minimum number of enlisted men in each company, troop, battery, signal corps, engineer corps, and hospital corps: And provided further, That any corps of artillery, cavalry and infantry existing in any of the States at the passage of the Act of May eighth, seventeen hundred and ninety-two, which, by the laws, customs or usages of the said States have been in continuous existence since the passage of said Act under its provisions and under the provisions of Section two hundred and thirty-two and Sections sixteen hundred and twenty-five to sixteen hundred and sixty both inclusive, of Title sixteen of the Revised Statutes of the United States relating to the Militia, shall be allowed to retain their accustomed privileges, subject, nevertheless, to all other duties required by law in like manner as the other Militia.

Sec. 4. That whenever the United States is invaded, or in danger of invasion from any foreign nation or of rebellion against the authority of the Government of the United States, or the President is unable, with the other forces at his command, to execute the laws of the Union in any part thereof, it shall be lawful for the President to call forth, for a period not exceeding nine months, such number of the militia of the State or of the States or Territories or of the District of Columbia as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, and to issue his orders for that purpose to such officers of the militia as he may think proper.

Sec. 5. That whenever the President calls forth the militia, of any State or Territory or of the District of Columbia to be employed in the service of the United States, be may specify in his-call the period for which such service is required, not exceeding nine months, and the militia so called shall continue to serve during the term so specified, unless sooner discharged by order of the President.

Sec. 6. That when the militia of more than one State is called into the actual service of the United States by the President he may, in his discretion, apportion them among such States or Territories or to the District of Columbia according to representative population.

Sec. 7. That every officer and enlisted man of the militia who shall be called forth in the manner hereinbefore prescribed and shall be found fit for military service shall be mustered or accepted into the United States service by a duly authorized mustering officer of the United States: Provided, however, That any officer or enlisted man of the militia who shall refuse or neglect to present himself to such mustering officer upon being called forth as herein prescribed shall be subject to trial by court-martial, and shall be punished as such court-martial may direct.

Sec. 8. That courts-martial for the trial of officers or men of the militia, when in the service of the United States, shall be composed of militia officers only.

Sec. 9. That the militia, when called into the actual service of the United States, shall be subject to the same Rules and Articles of War as the regular troops of the United States.

Sec. 10. That the militia, when called into the actual service of the United States, shall, during their time of service, be entitled to the same pay and allowances as are or may be provided by law for the Regular Army.

Sec. 11. That when the militia is called into the actual service of the United States, or any portion of the militia is accepted under the provisions of this Act, their pay shall commence from the day of their appearing at the place of company rendezvous. But this provision shall not be construed to authorize any species of expenditure previous to arriving at such places of rendezvous which is not provided by existing laws to be paid after their arrival at such places of rendezvous.

Sec. 12. That there shall be appointed in each State, Territory and District of Columbia, an Adjutant-General, who shall perform such duties as may be prescribed by the laws of such State, Territory, and District, respectively, and make returns to the Secretary of War, at such times and in such form as he shall from time to time prescribe, of the strength of the organized militia, and also make such reports as may from time to time be required by the Secretary of War. That the Secretary of War shall, with his annual report of each year, transmit to Congress an abstract of the returns and reports of the adjutants-general of the States, Territories, and the District of Columbia, with such observations thereon as he may deem necessary for the information of Congress.

Sec. 13. That the Secretary of War is hereby authorized to issue, on the requisitions of the governors of the several States and Territories, or of the commanding general of the militia of the District of Columbia, such number of the United States standard service magazine arms, with bayonets, bayonet scabbards, gun slings, belts, and such other necessary accouterments and equipments as are required for the Army of the United States, for arming all of the organized militia in said States and Territories and District of Columbia, without charging the cost or value thereof, orally which have been issued since December first, nineteen hundred and one, or any expense connected therewith, against the allotment to said State, Territory, or District of Columbia, out of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes, as amended, or requiring payment therefor, and to exchange, without receiving any money credit therefor, ammunition, or parts thereof, suitable to the new arms, round for round, for corresponding ammunition suitable to the old arms theretofore issued to said State, Territory, or District by the United States: Provided, That said rifles and carbines and other property shall be receipted for and shall remain the property of the United States and be annually accounted for by the governors of the States and Territories as now required bylaw, and that each State, Territory, and District shall, on receipt of the new arms, turn in to the Ordnance Department of the United States Army, without receiving any money credit therefor, and without expense for transportation, all United States rifles and carbines now in its possession.

To provide, means to carry into effect the provisions of this section, the necessary money to cover the cost of exchanging or issuing the new arms, accouterments, equipments, and ammunition to be exchanged or issued hereunder is hereby appropriated out of any moneys in the Treasury not otherwise appropriated.

Sec. 14. That whenever it shall appear by the report of inspections, which it shall be the duty of the Secretary of War to cause to be made at least once in each year by officers detailed by him for that purpose, that the organized militia of a State or Territory or of the District of Columbia is sufficiently armed, uniformed, and equipped for active duty in the field, the Secretary of War is authorized, on the requisition of the governor of such State or Territory, to pay to the quartermaster-general thereof, or to such other officer of the militia of said State as the said governor may designate and appoint for the purpose, so much of its allotment out of the said annual appropriation under section sixteen hundred and sixty-one of the Revised Statutes as amended as shall be necessary for the payment, subsistence, and transportation of such portion of said organized militia as shall engage in actual field or camp service for instruction, and the officers and- enlisted men of such militia while so engaged shall be entitled to the same pay, subsistence, and transportation or travel allowances as officers and enlisted men of corresponding grades of the Regular Army are or may hereafter be entitled by law, and the officer so designated and appointed shall be regarded as a disbursing officer of the United States, and shall render his accounts through the War Department to the proper accounting officers of the Treasury for settlement, and he shall be required to give good and sufficient bonds to the United States, in such sums as the Secretary of War may direct, faithfully to account for the safe-keeping and payment of the public moneys so intrusted to him for disbursement.

Sec. 15. That the Secretary of War is hereby authorized to provide for participation by any part of the organized militia of any State or Territory on the request of the governor thereof in the encampment, maneuvers, and field instruction of any part of the Regular Army at or near any military post or camp or lake or seacoast defenses of the United States. In such case the organized militia so participating shall receive the same pay, subsistence, and transportation as is provided by law for the officers and men of the Regular Army, to be paid out of the appropriation for the pay, subsistence, and transportation of the Army: Provided, That the command of such military post or camp and of the officers and troops of the United States there stationed shall remain with the regular commander of the post without regard to the rank of the commanding or, other officers of the militia temporarily so encamped within its limits or in its vicinity .

Sec. 16. That whenever any officer of the organized militia shall, upon recommendation of the governor of any State, Territory, or general commanding the District of Columbia, and when authorized by the President, attend and pursue a regular course of study at any military school or college of the United States such officer shall receive from the annual appropriation for the support of the Army the same travel allowances, and quarters, or commutation of quarters, to which an officer of the Regular Army would be entitled if attending such school or college under orders from proper military authority, and shall also receive commutation of subsistence at the rate of one dollar per day while in actual attendance upon the course of instruction

Sec. 17. That the annual appropriation made by section sixteen hundred and sixty-one, Revised Statutes, as amended, shall be available for the purpose' of providing for issue to the organized militia any stores and supplies or publications which are supplied to the Army by any department. Any State, Territory, or the District of Columbia may, with the approval-of the Secretary of War, purchase for cash from the War Department, for the use of its militia, stores, supplies, material of war, or military publications, such as are furnished to the Army, in addition to those issued under the provisions of this Act, at the price at which they are listed for issue to the Army, with the cost of transportation added, and funds received from such sales shall be credited to the appropriations to which they belong and shall not be covered into the Treasury, but shall be available until expended to replace therewith the supplies sold to the States and Territories and to the District of Colombia in the manner herein provided.

Sec. 18 . That each State or Territory furnished with material of war under the provisions of this or former Acts of Congress shall, during the year next preceding each annual allotment of funds, in accordance with section sixteen hundred and sixty-one of the Revised Statutes as amended, have required every company, troop, and battery in its organized militia not excused by the governor of such State or Territory to participate in practice marches orr go into camp of instruction at least five consecutive days, and to assemble for- drill and instruction at company, battalion, or regimental armories or rendezvous or for target practice not less than twenty-four times, and shall also have required during such year an inspection of each such company, troop, and battery to be made by an officer-of such militia or an officer of the Regular Army .

Sec. 19. That upon the application of the governor of any State or Territory furnished with material of war under the provisions of this Act or former laws of Congress, the Secretary of War may detail one or more officers of the Army to attend any encampment of the organized militia, and to give such instruction and information to the officers and men assembled in such camp as may be requested by the governor. Such officer or officers shall immediately make a report of such encampment to the Secretary of War, who shall furnish a copy thereof to the governor of the State or Territory.

Sec. 20. That upon application of the governor of any State or Territory furnished with material of war under the provisions of this Act or former laws of Congress, the Secretary of War may, in his discretion, detail one or more officers of the Army to report to the governor of such State or Territory for duty in connection with the organized militia . All such assignments may be revoked at the request of the governor of such State or Territory or at the pleasure of the Secretary of War.

Sec. 21. That the troops of the militia encamped at any military post or camp of the United States may be furnished such amounts of ammunition for instruction in firing and target practice as may be prescribed by the Secretary of War, and such instruction in firing shall be carried on under the direction of an officer selected for that purpose by the proper military commander.

Sec. 22. That when any officer, noncommissioned officer, or private of the militia is disabled by reason of wounds or disabilities received or incurred in the service of the United States he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in case such officer noncommissioned officer, or private dies in the service of the United States or in returning to his pace of residence after being mustered out of such service, or at any time, in consequence of wounds or disabilities received in such service, his widow and children, if any, shall be entitled to all the benefits of such pension laws.

Sec. 23. That for the purpose of securing a list of persons specially qualified to hold commissions in any volunteer force which may hereafter be called for and organized under the authority of Congress, other than a force composed of organized militia, the Secretary of War is authorized from time to time to convene boards of officers at suitable and convenient army posts in different parts of the United States, who shall examine as to their qualifications for the command of troops or for the performance, of staff duties all applicants who shall have served in the Regular Army of the United States, in any of the volunteer forces of the United States, or in the organized militia of any State or Territory or District of Columbia, or who, being a citizen of the United States, shall have attended or pursued a regular course of instruction in any military school or college of the United States Army, or shall have graduated from any educational institution to which an officer of the Army or Navy has been detailed as superintendent or professor pursuant to law after having creditably pursued the course of military instruction therein provided. Such examinations shall be under rules and regulations prescribed by the Secretary of War, and shall be especially directed to ascertain the practical capacity of the applicant. The record of previous service of the applicant shall be considered as a part of the examination. Upon the conclusion of each examination the board shall certify to the War Department its judgment as to the fitness of the applicant, stating the office, if any, which it deems him qualified to fill, and, upon approval by the President, the names of the persons certified to be qualified shall be inscribed in a register to be kept in the War Department for that purpose. The persons so certified and registered shall subject to a physical examination at the time, constitute an eligible class for commissions pursuant to such certificates in any volunteer force hereafter called for and organized under the authority of Congress, other than a force composed of organized militia, and the President may authorize persons from this class, to attend and pursue a regular course of study at any military school or college of the United States other than the Military Academy at West Point and to receive from the annual appropriation for the support of the Army the same allowances and commutations as provided in this Act for officers of the organized militia: Provided, That no person shall be entitled to receive a commission as a second lieutenant after he shall have passed the age of thirty; as first lieutenant after he shall have passed the age of thirty-five; as captain after he shall have passed the age of forty; as major after he shall have passed the age of forty-five; as lieutenant-colonel after he shall have passed the age of fifty, or as colonel after he shall have passed the age of fifty-five: And provided further, That such appointments shall be distributed proportionately, as near as may be, among the various States contributing such volunteer force: And provided, That the appointments in this section provided for shall not be deemed to include appointments to any office in any company, troop, battery, battalion, or regiment of the organized militia which volunteers as, a body or the officers of which are appointed by the governor of a State or Territory.

Sec. 24. That all the volunteer forces of the United States called for by authority of Congress shall, except as hereinbefore provided, be organized in the manner provided by the Act entitled “An Act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes,” approved April twenty-second, eighteen hundred and ninety-eight.

Sec. 25. That sections sixteen hundred and twenty-five to sixteen hundred and sixty, both included, of title sixteen of the Revised Statutes, and section two hundred and thirty-two thereof, relating to the militia, are hereby repealed.

Sec. 26. That this Act shall take effect upon the date of its approval.

Approved, January 21, 1903.