Slate Daily Feed What Next | Trump Sends in the Troops
Jun 9, 2025
Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, sheds light on the recent federalization of California's National Guard amid immigration raids and protests. The conversation dives into the legal complexities of deploying troops for civil unrest, examining the implications of the Insurrection Act. Goitein discusses public safety risks associated with military intervention and the broader concerns about federal overreach and citizens' rights in the face of such actions.
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Legal Limits on Troop Deployment
- The Posse Comitatus Act usually bars federal troops from law enforcement unless authorized by Congress or the Constitution.
- President Trump avoided the Insurrection Act, using a less-known law to federalize the National Guard in California.
Rare Federalization of National Guard
- The last time a president federalized the Guard without state consent was in 1965 to protect civil rights marchers.
- Using this power without invoking the Insurrection Act is a narrow and untested legal path by Trump.
Military vs. Civil Law Enforcement
- Military rules for civil disturbances require force as a last resort, unlike combat operations.
- Soldiers are mostly untrained for peaceful law enforcement and protecting citizens' constitutional rights.