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2025-12-24 Home Front: Politix

Supreme Court says Trump can't deploy National Guard to Chicago for now

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Posted by Sheating Choluper6742 2025-12-24 00:00|| E-Mail|| Front Page|| [1804 views ] Top

1 Three can actually read the Constitution.

Art I, Section 8

"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"

Posted by Procopius2k 2025-12-24 06:45|| 2025-12-24 06:45|| Front Page Top

2 Do it anyway, who is going to do anything about it besides whining and bitching on the "news"?

Posted by chris 2025-12-24 06:53|| 2025-12-24 06:53|| Front Page Top

3 Correct me if I am wrong, but I do not believe a High Court has ever denied a Presidential National Guard deployment previously. Are we seeing a new Legal Precedent being established ?

We appear to be moving rapidly toward the unthinkable.

Posted by Besoeker 2025-12-24 07:08|| 2025-12-24 07:08|| Front Page Top

4 I guess it’s time to read the Insurrection Act.

Posted by Super Hose 2025-12-24 11:27|| 2025-12-24 11:27|| Front Page Top

5 All Trump needs to do is to declare Chicago in insurrection. There is no checklist to do so and no bank on that power in the constitution. Full military roll in and arrest all the seditionists and street thugs.

I would argue military style executions but that may be going too far.

Posted by DarthVader 2025-12-24 11:34|| 2025-12-24 11:34|| Front Page Top

6 That’s where this is going. The judges that enjoined the National Guard deployment have played chicken with an M1 Abrams.

Posted by Super Hose 2025-12-24 12:08|| 2025-12-24 12:08|| Front Page Top

7 COA (comment) #5 please.

Posted by Besoeker 2025-12-24 12:49|| 2025-12-24 12:49|| Front Page Top

8 The decision is based on the argument IF a President can not use active duty troops to perform a duty under the law, a President can not use the National Guard to perform that same duty.

My gut reaction is to arrest them all and give them about 1000 hours of community service doing the most disgusting things they can find.

This story is on Instapundit and Legal Insurrection as well.

Posted by Chantry 2025-12-24 12:55|| 2025-12-24 12:55|| Front Page Top

9 ^ except the Constitution says otherwise as in comment #1. Posse comitatus law restricts the active Army, but can not alter the Constitution as written.

Posted by Procopius2k 2025-12-24 17:02|| 2025-12-24 17:02|| Front Page Top

10 @9 Depends on how you choose to define militia as it was originally written.

The line between the active duty army and the National Guard is much thinner now than at any point in history.

And I would be very concerned with a Newsom, Biden or Harris using the National Guard because local and state law enforcement was unwilling to carry out some absurd order of theirs.

The US is in a downward spiral and despite his best efforts, I think Trump won't be able to turn the country around.

Posted by Chantry 2025-12-24 18:27|| 2025-12-24 18:27|| Front Page Top

11 Per Title 10 USC § 246 - Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

Tangential note: Class 2 is the basis of selective service, aka the draft. Males that category are already in the militia as provided for in the Constitution.

Art I, Section 8

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress

Posted by Procopius2k 2025-12-24 19:13|| 2025-12-24 19:13|| Front Page Top

12 My experience in California regarding the use of Guard troops may be helpful. The Guard can be placed on active fedeal duty in tweo categories, Title 32 and Title 10. Both are federal active duty, but Title 32 places the Guard chain of command directly under the State Governor and his Adjutant General. In this status they are exempt from Posse Commitatus and may be directed to perform whatever roles the State allows the Governor to employ. During the early stages of the LA riots we patrolled with LAPD and LASD officers and deputies and in fact actually used deadly force on two occasions I recall. When the Guard was then federalized into a Title 10 staus, they became federal troops and Posse Commitatus applied, severely restricting the roles we were then allowed to play. I suspect the SCOTUS ruling revolved around the President versus the Governor as the Command Authority for deployment to Chicago. FWIW...

Posted by NoMoreBS 2025-12-24 20:21|| 2025-12-24 20:21|| Front Page Top

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