
The Lawfare Podcast Lawfare Archive: The Dangers of Deploying the Military on U.S. Soil
Nov 8, 2025

Guest
Elaine McCusker
Guest
Lindsay P. Cohn
Guest
Mark Nevitt
Guest
Chris Mirasola
Guest
Joseph Nunn
Guest
Laura Dickinson
In a thought-provoking discussion, legal experts like Laura Dickinson and Joseph Nunn unpack the intricate legal landscape governing the deployment of military forces on U.S. soil. They explore the constitutional limits imposed by the founders and dissect the Posse Comitatus Act's implications. Chris Mirasola sheds light on the controversial use of Title 32 §502F, while Mark Nevitt highlights the operational tensions that arise from domestic military missions. The panel also addresses public perceptions and the critical need for reforms to maintain civil-military trust and readiness.
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Episode notes
Military Domestic Use Requires Caution
- Deploying the military on U.S. soil is a serious decision that requires care and caution.
- Alex Tausanovitch warns against using the military as a one-size solution for domestic problems.
Constitutional Limits Reflect Historical Fears
- The Constitution limits domestic military roles, especially for law enforcement functions.
- Laura Dickinson links this caution to historical fears of military intrusion rooted in colonial oppression.
Two Military Buckets And A Hybrid Status
- U.S. forces split into federal active forces and state National Guard, each with different command chains.
- Chris Mirasola highlights Title 32 as a hybrid status allowing federal missions under state control.


