CrusaderFrank
Diamond Member
- May 20, 2009
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1. Can the President Use the Military to Respond to Domestic Unrest?
Yes, but this is subject to certain, critical legal restrictions under the Posse Comitatus Act and the Insurrection Act. The president is, of course, the commander-in-chief of the Armed Forces (and the D.C. National Guard), but he lacks the authority to use the military in any manner that he pleases. That authority is constrained by Congress and the courts and further informed by military instructions and doctrine.
Under the 1878 Posse Comitatus Act, Congress has limited the president’s ability to use the federal (title 10) military in domestic law enforcement operations such as searches, seizures, and arrests. A criminal statute, the Posse Comitatus Act makes it unlawful for the Army or Air Force to “execute the laws … except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.” So, as a general matter the president cannot simply call in federal military forces or nationalize state National Guard units to quell domestic civil disturbances in Minneapolis or elsewhere without pointing to a Posse Comitatus Act exception. ( I am not sure he will be able to according to this. Military is not allowed to enforce laws. from what I read here.)
Actually, Biden just gave the military authorization to use lethal force on Americans; I'm sure that applies for Illegals as well