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Home Front: Politix
Domestic Deployment of the Military
2025-01-09
[BrennanCenter] Outdated laws give presidents far too much leeway to deploy military forces inside the United States. We’re working to reform those laws and establish new safeguards against abuse.

OVERVIEW
The domestic activities of the U.S. military are governed by a complex web of laws. The key pillars of this framework are the Posse Comitatus Act and the Insurrection Act, which have not been meaningfully updated since the 19th century. Designed for a dramatically different country than the 21st century United States, these laws give presidents broad authority to use military forces as a domestic police force, in violation of this country’s founding principles. State governors have even broader powers to deploy their own national guard forces.

Moreover, in some areas, the law is dangerously unclear. Even the vital question of whether the Constitution allows the federal government to declare martial law has never been conclusively answered by the courts. This uncertainty makes it easier for unscrupulous government actors to circumvent the few safeguards against abuse that do exist.

The risks of the current system were vividly illustrated in June 2020, when the Trump administration, relying on an unprecedented interpretation of a little-known statute, summoned thousands of national guardsmen into Washington, DC, to police racial justice protests — against the local government’s wishes and without following the procedures established by Congress.

The Brennan Center has brought these issues to light through its research. We also are working with allies to develop and promote reforms that will prevent future abuses while maintaining the president’s ability to deploy the military domestically in response to genuine emergencies.
Posted by:Skidmark

#9  Would it be an unlawful order to deploy troops within the US borders armed with the intent to harm or kill citizens?

PullmanStrike
Posted by: Procopius2k   2025-01-09 17:11  

#8  Would it be an unlawful order to deploy troops within the US borders armed with the intent to harm or kill citizens? It seems to me the problem is really the unpatriotic and immoral idea that Americans soldiers would harm Americans because some leader told them to. If that is where we are then it is over. There is a “force” out there That wants us divided. We, and Trump, must work on bringing Americans together. Our destruction has been en writ since our founding. United we stand, Divided we fall.
Posted by: Jefe101   2025-01-09 16:17  

#7  Alternatively, consider Title 32 as a mechanism to bypass the Posse Commitatus limitations. CA has extensively used Title 32 for the Active Duty Counter-Drug Task Force for over 30 years, and during the 92 riots the CNG was far more effective before being ordered to a Title 10 Status.

"Is Title 32 a federal status?
Guard members in Title 32 status fall under the command and control of their state or territory governor, but their duty is federally funded and regulated. Traditional Guard members who drill one weekend a month and attend 15 days of annual training during the year do so in a Title 32 status."

https://dml.armywarcollege.edu/wp-content/uploads/2023/01/Schnaubelt-Lessons-of-the-LA-Riots-Parameters-1997.pdf
Posted by: NoMoreBS   2025-01-09 13:33  

#6  We need to attack and destroy Iran ,and we can't do that with the US president kneecapped by stupid laws.


Do to Iran what we did to Iraq, Syria, and Libya. Regime change followed by neutralizing the military as a force. Israel's neighborhood is a dangerous place and we must do our part to defend the middle east's only democracy and our ally.
Posted by: Angulet Glomoper3773   2025-01-09 13:25  

#5  /\ How about we don't.... and say we did ?
Posted by: Besoeker   2025-01-09 12:46  

#4  Maybe we could ask Wesley Clark for his opinion.
Posted by: Super Hose   2025-01-09 11:46  

#3  As long as the NG are funded by the state for their operations, its not covered by Posse Comitatus which only applies to federal forces.
Posted by: Procopius2k   2025-01-09 11:16  

#2  NG in LA

Gov. Hochul deploys 250 more National Guard members to NYC subways for holiday security

Just a 'tic' on the deployment checklist away from being fully armed and armored.
Posted by: Skidmark   2025-01-09 09:13  

#1  Washington calling out the militia and leading it during the Whisky Rebellion.

Posse Comitatus Act was to removed post-Civil War troops from the southern states who where there to protect the rights of recently liberated slaves. The Insurrection Act of 1807 is still on the books.
Posted by: Procopius2k   2025-01-09 07:34  

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