Posse Comitatus
47 Articles

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.

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.

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.

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Authorities for domestic use of the military are outdated and subject to abuse.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.

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.

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.

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"

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..."

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.

“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."