Here & Now Anytime Trump, the National Guard and the militarization of American cities
Oct 8, 2025
The discussion kicks off with a deep dive into the Insurrection Act and its implications for presidential power, featuring insights from Elizabeth Goitein. Senator Mark Kelly sheds light on the government shutdown, emphasizing health care as a key issue dividing the parties. The conversation then shifts to groundbreaking Nobel Prize-winning chemistry, revealing how new materials can extract water from air and capture carbon. The potential of these innovations in combating pollution showcases a remarkable intersection of science and policy.
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Insurrection Act Is Narrow And Rarely Used
- The Insurrection Act permits the president to deploy active-duty troops or federalized National Guard to quell unrest under narrow conditions.
- Trump has threatened to invoke it after courts blocked his use of another lesser-known law for deployments.
Use Courts To Check Deployments
- Lawsuits can challenge presidential troop deployments and courts can review claims despite some old precedent.
- Expect significant judicial deference but judges still require factual justification for military action.
Plenary Authority Isn’t Absolute
- 'Plenary authority' implies absolute power but the president's authority under Title 10 is constrained and delegated by Congress.
- Elizabeth Goitein stresses that presidential power is limited and not equivalent to unchecked authority.