The Lawfare Podcast

Lawfare Archive: The Dangers of Deploying the Military on U.S. Soil

Nov 8, 2025
In a thought-provoking discussion, legal experts like Laura Dickinson and Joseph Nunn unpack the intricate legal landscape governing the deployment of military forces on U.S. soil. They explore the constitutional limits imposed by the founders and dissect the Posse Comitatus Act's implications. Chris Mirasola sheds light on the controversial use of Title 32 §502F, while Mark Nevitt highlights the operational tensions that arise from domestic military missions. The panel also addresses public perceptions and the critical need for reforms to maintain civil-military trust and readiness.
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ADVICE

Use Budget Power To Limit Deployments

  • Use appropriations to shape and constrain domestic deployments by controlling funding streams.
  • Chris Mirasola urges Congress to leverage detailed budget language to limit unplanned military uses.
INSIGHT

Guard Vs. Federal Forces: Different Missions

  • The National Guard views domestic support as core mission while federal forces prioritize warfighting.
  • Mark Nevitt notes differing institutional attitudes shape willingness to perform domestic tasks.
INSIGHT

Public More Accepting Than Military

  • The public is more accepting of domestic military use than the military itself, yet still often prefers police or Guard.
  • Lindsay P. Cohn finds acceptance spans partisan lines but professional norms in the military resist policing roles.
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