Index/Topics/Posse Comitatus

Posse Comitatus

A law that limits the use of federal troops for domestic law enforcement, and its implications for National Guard deployments.

Fact-Checks

9 results
Jan 18, 2026
Most Viewed

What evidence have courts required to determine whether National Guard units were under state or federal operational control?

Courts have focused on tangible indicia of who exercised command and control—legal status (Title 10 vs. Title 32), orders issued, chain-of-command communications, funding and mission definitions, and ...

Jan 16, 2026
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Can a US president invoke the Insurrection Act to arrest state officials?

The Insurrection Act authorizes the president to deploy federal armed forces and federalize National Guard units to suppress insurrections, enforce federal authority, or assist civilian authorities wh...

Jan 16, 2026
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What legal steps allow a U.S. president or governor to declare martial law during midterm elections?

A U.S. governor can, under state constitutions and statutes and historical practice, proclaim martial law within his or her state when faced with insurrection, invasion, or extreme civil disorder, sub...

Jan 16, 2026

Legality if Trump's actions in mn

The core legal question is whether President Trump can lawfully invoke the Insurrection Act, withhold federal funds, or otherwise deploy federal forces in Minnesota to suppress protests linked to ICE ...

Jan 15, 2026

What legal standards would courts apply if the president explicitly invoked the Insurrection Act in 2026?

If the president explicitly invoked the Insurrection Act in 2026, federal courts would apply a mix of statutory text, historic practice, constitutional limits, and evolving standards from recent refor...

Jan 13, 2026

How have governors used National Guard deployments to respond to federal immigration operations?

Governors have used the National Guard both to cooperate with and to resist federal immigration operations, leveraging different duty statuses, lawsuits, and public orders to shape outcomes . The resu...

Jan 18, 2026

How does Title 32 funding differ from Title 10 federalization, and why does it matter legally?

Title 10 places National Guard members on federal active duty under presidential control and federal funding, while Title 32 keeps Guard members under state control but may be paid with federal dollar...

Jan 13, 2026

How does the federal Insurrection Act interact with gubernatorial National Guard activations?

The Insurrection Act is the narrow statutory bridge that permits the President to federalize state National Guard units or deploy active-duty forces for domestic law‑enforcement purposes in three spec...

Jan 10, 2026

Can a mayor or county sheriff request National Guard assistance locally?

Local leaders can and do ask for National Guard help, but the legal pathway, who controls the troops, and when they can be used depend on whether the Guard is serving under state or federal authority,...