What Trump Can Teach Us About Con Law Bad Faith President
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Jul 25, 2025 The podcast delves into the unsettling use of military troops against civilians, exploring historical grievances and constitutional limits. Key discussions include the implications of deploying the National Guard in Los Angeles and the expansion of ICE funding, raising questions about civil liberties and government overreach. It also examines a recent court ruling prioritizing presidential authority in immigration policy and reflects on societal responses to potential government aggression, highlighting the delicate balance between state security and individual rights.
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Posse Comitatus Act's Core Principle
- The Posse Comitatus Act prohibits the use of the military in civilian law enforcement except where the Constitution or Congress explicitly allows it.
- This reflects a deep historical aversion to standing armies operating against civilians in the U.S.
Understanding the Insurrection Act
- The Insurrection Act is the major exception to Posse Comitatus, allowing presidents to deploy troops to suppress insurrections or enforce federal laws.
- The most common use requires state governor consent; non-consensual use is rare and controversial.
Trump's Unusual Troop Deployment
- In 2020, Trump federalized California's National Guard and sent active-duty troops to LA to assist ICE during protests without using the Insurrection Act.
- Instead, he relied on a rarely used statute 10 USC 12406, previously only used during the 1970 postal strike.