Articles on Posse comitatus

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Federal law enforcement agents confront anti-ICE protesters during a demonstration outside the Bishop Whipple Federal Building in Minneapolis, Minnesota, on January 15, 2026. Octavio Jones / AFP via Getty Images

The Insurrection Act is one of at least 26 legal loopholes in the law banning the use of the US military domestically

Can the president use the Insurrection Act and send the military into U.S. cities? A web of legal provisions try to balance presidential power with the power of state leaders.
A Texas National Guard soldier watches over immigrants who crossed the U.S.-Mexico border on March 13, 2024, in El Paso, Texas. John Moore/Getty Images

Trump’s idea to use military to deport over 10 million migrants faces legal, constitutional and practical hurdles

The president has vast authority over the armed forces, but using them to secure the border would quickly unleash legal chaos, say lawyers.
Scott Jenkins, sheriff of Culpeper County, Va., is one of a large number of so-called ‘constitutional sheriffs’ in the U.S. Eva Hambach/AFP via Getty Images

Sheriffs who see themselves as ultimate defenders of the Constitution are especially worried about gun rights

A significant number of county sheriffs across the US have a particular – and false – view of their role in defending Americans’ constitutional rights.
Sending in the feds to quell unrest often increases conflict on the ground, as it did this summer in Portland, Ore. Nathan Howard/Getty Images

Federal agents sent to Kenosha, but history shows militarized policing in cities can escalate violence and trigger conflict

Kenosha is the latest US city to see federal agents patrolling its protests. History suggests that supplanting the local police with a militarized national force rarely works out well.

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