The Take Minnesota, ICE and the makings of a US civil war
Jan 26, 2026
Claire Finkelstein, law professor and director of the Center for Ethics and the Rule of Law, brings national security and constitutional expertise. She walks through a University of Pennsylvania simulation of state-federal clashes. Discussion covers parallels to Minneapolis ICE actions, risks of National Guard versus federal troops, legal limits on orders, and how courts and accountability can prevent escalation.
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State-Federal Clash Is Plausible
- The Minnesota situation mirrors a simulation where state National Guard forces could clash with federal troops over law enforcement actions.
- Claire Finkelstein warns this alignment creates a
Military Can't Back Illegal Federal Actions
- Unlawful uses of force by federal agents can legally bar military support from backing them up.
- Finkelstein says military personnel must refuse orders that would make them complicit in illegal acts.
Let Courts Define Lawful Use Of Force
- Courts must clarify constitutional limits and translate rulings into actionable rules for troops and governors.
- Finkelstein urges reliance on judicial guidance and JAG advice to prevent breakdowns in command.