Index/Organizations/Posse Comitatus Act

Posse Comitatus Act

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13 results
Nov 16, 2025
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Who has the power to call the National Guard to Washington DC

The District of Columbia National Guard is legally distinct from state guards: it normally reports to the President rather than a mayor or governor, which has allowed recent presidential-directed depl...

Nov 20, 2025
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Historical examples of military personnel refusing orders?

Refusals of military orders happen across history in two broad categories: lawful disobedience of manifestly illegal orders (e.g., orders to target civilians) and acts of insubordination or political ...

Oct 12, 2025
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federal use of the military or national guard to enforce desegregation

The historical record shows the federal government has used armed forces and federalized troops to enforce school desegregation, most famously in Little Rock in 1957 and in Alabama in the 1960s; those...

Oct 16, 2025

How does the Posse Comitatus Act affect National Guard deployment during civil unrest?

The key finding is that the Posse Comitatus Act does not itself bar governors from using their state National Guard for civil unrest, but it constrains federal military involvement by requiring carefu...

Nov 26, 2025

How have courts defined an 'illegal order' for U.S. service members?

Courts and military law define an “illegal” or “unlawful” order as one that is contrary to the U.S. Constitution, federal law, or beyond the authority of the issuing official — and service members can...

Nov 21, 2025

What are key landmark U.S. military court cases addressing obedience and illegal orders?

Key U.S. military-law precedents on obedience and unlawful orders center on high‑profile criminal prosecutions like Lt. William Calley for My Lai, plus federal civil rulings about using troops domesti...

Nov 1, 2025

Can service members legally refuse unlawful orders and what protections or risks exist?

Service members have a legal right—and in specific circumstances a legal duty—to refuse orders that are manifestly unlawful, but exercising that right carries substantial professional and criminal ris...

Oct 28, 2025

Have there been any instances in US history where martial law was used to influence or cancel an election?

There is no established instance in United States history where martial law was declared or used with the explicit, successful purpose of canceling or directly overturning a regularly scheduled federa...

Oct 19, 2025

How does the National Guard's role in domestic law enforcement differ from its role in foreign military operations?

The National Guard performs two distinct missions: a activated by governors for disasters, civil unrest, and law enforcement assistance, and a supporting overseas military operations as part of the U....

Dec 5, 2025

How do state and federal laws interact with branch policies when recalling National Guard and Reserve retirees?

Federal law gives the president wide statutory tools to federalize or recall National Guard and Reserve members — including retired reservists up to age 60 in many circumstances — but state control an...

Nov 11, 2025

What are the rules of engagement for National Guard troops at the Capitol?

The key finding is that instead, ROE depended on deployment status, fragmented command approvals, and mission-specific directives that initially limited Guard actions to support roles such as traffic ...

Oct 5, 2025

What is the legal process for federal activation of state National Guard units?

The core legal authority for federal activation of state National Guard units is 10 U.S.C. § 12406, which authorizes the President to call National Guard members into federal service for and requires ...

Oct 2, 2025

What are the circumstances under which the National Guard can be deployed for domestic law enforcement?

The National Guard may be used for domestic law enforcement primarily when protecting federal personnel, property, or to restore order under specific statutory authorities, but —notably the Posse Comi...