Posse Comitatus

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A sign marks the location of a polling place as residents vote in the state's primary election on August 11, 2026 in Madison, Wisconsin.

Boots Off Ballots: Troops and Elections, In Practice

Soldiers should always remember that in a democracy, any domestic deployment order given on or around an election is suspect.
A ballot box sits ready to be used as Prairie Oak Lodge is used as a polling place on June 2, 2026 in Marion, Iowa.

No Emergency Exception: The Ban on Troops at the Polls Was Built for Crises

Section 592 unmistakably conveys Congress’s intent to bar any kind of military interference in American elections.
An official ballot drop box in front of the Washington Park Library.

Boots Off Ballots: The Law

Federal law and the Constitution are abundantly clear: efforts to involve troops in U.S. elections are anti-constitutional and illegal.
A blue architectural blueprint-style graphic with white grid lines and hand-lettered labels arranged like room names on a floor plan, symbolizing the architecture of institutional reinvention.

Reinvention Blueprint No. 4: Building Authorities for Domestic Use of the Military that Work

Authorities for domestic use of the military are outdated and subject to abuse. This is a blueprint for a single modern statute, enforceable limits, and judicial review.
Members of the National Guard patrol around the Martin Luther King, Jr. Memorial on March 26, 2026 in Washington, DC.

A Year Later: The Stakes of Ordering Military Personnel to Police American Streets

One year since Trump sent the National Guard to LA, a new report warns military deployments for domestic policing produce escalation, disillusionment, and politicization.
Members of the Texas National Guard stand guard at an army reserve training facility on October 07, 2025 in Elwood, Illinois. (Photo by Scott Olson/Getty Images)

Trump v. Illinois: A Narrow Supreme Court Decision with Broad Implications

The rationale behind the Supreme Court’s decision in 𝑇𝑟𝑢𝑚𝑝 𝑣. 𝐼𝑙𝑙𝑖𝑛𝑜𝑖𝑠 complicates Trump's remaining options for deploying federal military…

Hypothetical Legal Review on Judge Advocates Serving as Immigration Judges

A hypothetical legal review examining the OLC's legal basis for having Judge Advocates serve as immigration judges.

Trump’s Outline of a Domestic War

Former Undersecretary of Navy and Chair of Defense Policy Board discusses import of President Trump's address to active duty military leaders at Quantico.
Soldiers from the 143rd Military Police Company, 49th Military Police Brigade, California National Guard, serving under Title 10 status, establish a security perimeter in Mecca, Calif., June 18, 2025. U.S. Northern Command is supporting federal agencies by providing military forces to protect federal functions, personnel, and property in the greater Los Angeles area. On June 7, the Secretary of Defense directed USNORTHCOM to establish Task Force 51 to oversee Title 10 forces supporting this mission. (U.S. Army photo by Sgt. Chase Murray)

Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation

"An alarming escalation of the president's efforts to use the military as a domestic police force. Based on currently available information, it appears to be illegal, as well"
Screenshot from Newsom v. Trump hearing in 9th District Court of Appeals (via YouTube)

Posse Comitatus Act Meets the President’s “Protective Powers”: What’s Next in Newsom v. Trump

"Congress has been far more clear than is widely believed about what its view is..."
California National Guard members stand guard outside the Federal Building as protests continue in response to federal immigration operations in Los Angeles on June 10, 2025. (Photo by APU GOMES/AFP via Getty Images)

The Mounting Crisis of Militarizing Immigration Enforcement

When part-time soldiers police their neighbors, federal authority displaces state and local officials, and strains civil-military relations.
National Guard soldiers and US Department of Homeland Security (DHS) Police officers clash with demonstrators outside the Metropolitan Detention Center, MDC, in downtown Los Angeles, California on June 8, 2025. (Photo by FREDERIC J. BROWN/AFP via Getty Images)

“The Insurrection Act” by Any Other Name: Unpacking Trump’s Memorandum Authorizing Domestic Deployment of the Military

"The Memorandum ... raises many of the same concerns as an Insurrection Act invocation would, and that could end up looking quite similar in practice."
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