Fact check: Deployment of active-duty military on US soil.

1. Summary of the results

The deployment of active-duty military on US soil is legally possible but heavily restricted by multiple laws and regulations. The two primary legal frameworks governing such deployments are:

• The Posse Comitatus Act, which generally prohibits military involvement in civilian law enforcement ^{[1] [2]}
• The Insurrection Act of 1807, which allows presidents to deploy military forces during extreme circumstances like riots, insurrections, or rebellions ^[3]

Harvard law professor Noah Feldman notes that the Insurrection Act provides broad presidential authority to bypass Congress in certain situations ^[3].

2. Missing context/alternative viewpoints

Several crucial contextual elements are missing from the original statement:

• Historical Context: The Posse Comitatus Act originated in the post-Civil War Reconstruction era, initially applying only to the Army before expanding to other branches ^[4]
• Military Cultural Barriers: Beyond legal restrictions, the military has strong cultural and regulatory barriers against domestic deployment, including:
• DoD Instructions 3025.18 and 3025.21 ^[5]
• Prohibition from certain activities like polling place operations ^[5]
• Historical reluctance to engage in domestic law enforcement ^[5]
• Specific Exceptions: The military can provide support to local law enforcement without direct enforcement actions ^[3], and exceptions exist for:
• Counter-drug operations ^[2]
• National emergencies ^[6]
• Congressional authorization ^[6]

3. Potential misinformation/bias in the original statement

The original statement is oversimplified and potentially misleading because it:

• Fails to acknowledge the complex legal framework and multiple safeguards in place
• Doesn't mention that while deployment is possible, it's considered politically sensitive and raises civil liberties concerns ^[6]
• Omits that the Constitution doesn't explicitly bar such deployments, but significant legal and political constraints exist ^[1]

Those who might benefit from oversimplifying this issue include:

• Political actors seeking to either expand or restrict presidential powers
• Law enforcement agencies arguing for increased military support
• Civil rights organizations highlighting potential threats to civil liberties