Lmst

The president’s power to deploy troops domestically: an explainer

By Kelsey Dallas
Updated on Oct. 28 at 9:16 p.m.

Since June, President Donald Trump has ordered several #NationalGuard deployments within the United States, often against the wishes of the Democratic governors of the states where troops are being sent. The resulting legal battles have put a spotlight on the president’s authority to federalize troops and use them domestically. How far, exactly, does this power extend?

"Overview:
This document explores President Trump's authority to deploy National Guard troops domestically, highlighting legal frameworks, recent deployments, and ongoing court challenges.

Presidential Authority and Legal Framework

- The Constitution grants Congress the power to call forth the militia, while the president commands troops under Article II.
- The Militia Act of 1792 allows the president to call troops for domestic insurrections or to enforce U.S. laws.
- Trump has invoked 10 U.S.C. § 12406, which permits federalizing National Guard troops to address foreign invasions, rebellions, or law enforcement needs.
- Legal challenges focus on whether conditions in cities like Los Angeles, Portland, and Chicago meet the criteria for federal troop deployment.

Recent Deployments and Legal Challenges

- Trump has deployed National Guard troops to cities with Democratic governors, citing rising crime rates and the need for federal law enforcement support.
- Legal disputes have arisen, particularly in Chicago, where a judge ruled the deployment unnecessary, and similar rulings occurred in Los Angeles and Portland.
- The 9th Circuit Court has paused lower court orders blocking deployments, emphasizing deference to presidential authority in determining troop necessity.

Key Legal Cases and Acts

- Martin v. Mott (1827) established that a president's decision to call up militia cannot be questioned, though interpretations vary today regarding judicial review.
- The Posse Comitatus Act (1878) limits military involvement in domestic law enforcement, which has been a point of contention in recent deployments.
- The Insurrection Act allows broader presidential authority to deploy troops without the limitations of the Posse Comitatus Act, enabling action when law enforcement is impracticable.

Future Implications

- Trump has suggested he may invoke the Insurrection Act if other legal avenues fail.
- The Supreme Court's upcoming ruling on the Chicago deployment could clarify the extent of presidential power under Section 12406 and its implications for future troop deployments."

Full article:
https://www.scotusblog.com/2025/10/the-presidents-power-to-deploy-troops-domestically-an-explainer/

#SCOTUSBlog #USPol #TrumpSucks #NationalGuardReactionForces #PosseComitatus #FoodInsecurity
#SoylentGreen #HungerGames
#CapitolGuards #BellRiots #FightForTheFuture

@MugsysRapSheet So, I went further with the prompt you started with...

"In #Maine, the #NationalGuard’s arrest authority depends on whether they are serving under state or federal control — just like in other states — but Maine law provides some specific details. Here’s a clear breakdown:
________________________________________
⚖️ 1. When the Maine National Guard Is Under State Control
(“State Active Duty” or Title 32 status)
• Command: The Governor of Maine (as Commander-in-Chief).
• Legal Basis:
o Maine Constitution, Article V, Part 1, § 7
o Maine Revised Statutes, Title 37-B (“Defense, Veterans and Emergency Management”)
o §181-A and §182 are key sections covering the Guard’s use in state service.
🔹 Authority to Enforce Laws and Make Arrests
When the Guard is activated for state service, such as in a natural disaster, riot, or other emergency:
• Title 37-B, §181-A(3) explicitly allows the Governor to assign the National Guard to support civil authorities in enforcing the law and maintaining public order.
• Guardsmen may be temporarily endowed with law enforcement powers, including detaining or arresting individuals, if authorized by the Governor or the Adjutant General under state law.
• In practice, the Guard acts in support of civilian police, often to enforce curfews, protect infrastructure, or manage crowds.
📘 Example: If Maine experienced widespread civil unrest, the Governor could deploy the Guard to assist Maine State Police or local law enforcement in enforcing laws and detaining violators.

🔴 2. When the Maine National Guard Is Federalized
(“Title 10” status — under Presidential control)
• Command: The President of the United States.
• Legal Basis: Federal law under Title 10, U.S. Code.
• Effect: The Guard becomes part of the U.S. Army or U.S. Air Force.
Under the Posse Comitatus Act (18 U.S.C. § 1385), these federalized troops cannot perform civilian law enforcement duties — including making arrests, searching property, or seizing evidence — unless specifically authorized by Congress, such as under the Insurrection Act (10 U.S.C. §§ 251–255).
So:
• Federalized Maine Guardsmen → ❌ No arrest authority over civilians.
• State-controlled Maine Guardsmen → ✅ Arrest/detention authority, when authorized by the Governor under Title 37-B."

You were right!!!

#NationalGuard #KnowYourRights #KYR #NationalGuardReactionForces #PosseComitatus #PosseComitatusAct #InsurrectionAct

Resources for #OccupiedCities: including #KYR Materials

Basic constitutional rights are under attack. We need to educate, agitate and organize quickly, deeply and strategically. This document is a shared resource for organizations and leaders who are stepping up to meet this moment.

GoogleDoc:
https://docs.google.com/document/d/17E0uYGzD97vZg1ZPEMnVXCrXxHqx-a6mcvkGqCMjMos/edit?tab=t.0#heading=h.96w36dgazbt2

#USPol #PosseComitatus #PosseComitatusAct #InsurrectionAct #KnowYourRights #OccupiedCities #SilencingDissent #NationalGuard #NationalGuardReactionForces #DHS #ICE

What You Need to Know if President Trump Deploys National Guard Units to Your State.

"Unresolved Issues Pertaining to State National Guard Units:

A State Governor has not deployed that State’s National Guard to another State without the consent of the receiving Governor. It would violate state sovereignty and be subject to litigation.

An unresolved question is whether the President can commandeer a State’s National Guard when a Governor has actively deployed that National Guard.

The U.S. Supreme Court has not ruled on whether the President can order one State’s National Guard units to deploy to another state and engage in civilian law enforcement pursuant to 32 U.S.C. § 502(f). This issue may be addressed by the Supreme Court in the appeal from Illinois.

#USPol #KYR #NationalGuard #NationalGuardReactionForces #SilencingDissent #SNAPCuts #FoodRiots #PosseComitatus #PosseComitatusAct #KnowYourRights #NoKings

Getting ready for the #FoodRiots caused by #SNAPCuts? smh...

Pentagon readying thousands of Guard ‘reaction forces’ as U.S. mission widens

Alex Horton and David Ovalle , The Washington Post
Thu, October 30, 2025 at 3:43 PM EDT

Excerpt: "The mandate, along with the growing presence of federal and immigration enforcement officers, suggests further military deployments within the United States could grow in size and scope. The deployments, which President Donald Trump has described as a bid to quell violence and crime, have infuriated Democratic governors in multiple states, who have fought the president’s deployments through litigation.

"The Defense Department did not respond to a request for comment. A defense official, speaking on the condition of anonymity to describe military planning, said the Pentagon is 'revising plans for the employment of [National Guard Reaction Forces] to guarantee their ability to assist federal, state and local law enforcement in quelling civil disturbances.' The Guardian earlier reported details of the documents."

#USPol #NationalGuardReactionForces #PosseComitatus #FoodInsecurity #SoylentGreen #HungerGames #CapitolGuards #BellRiots #FightForTheFuture

#NationalGuardReactionForces

Client Info