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Index/Topics/National Guard Federalization Lawsuits

National Guard Federalization Lawsuits

Lawsuits challenging the federalization of National Guard forces, focusing on the Posse Comitatus Act and the Tenth Amendment.

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Jan 26, 2026
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What role did the Posse Comitatus Act and Tenth Amendment play in state lawsuits over National Guard federalization?

State lawsuits challenging the federalization of have relied heavily on two legal constraints: the , which limits the use of federal military forces for domestic law enforcement absent express authori...

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