Roots of Today

Where the past meets the present

The Posse Comitatus Act of 1878: Can Trump Legally Send the Military to Fight Crime?

In early September 2025, President Donald Trump announced that he would deploy federal troops into several major U.S. cities to quell unrest — even if governors objected.

The announcement immediately set off a wave of debate. Critics pointed to the Posse Comitatus Act of 1878, a law meant to prevent the use of the Army as a domestic police force. Supporters countered with the Insurrection Act of 1807, a much older law that presidents have invoked many times to justify troop deployments at home.

So here’s the central question for us today: Is Trump doing something unprecedented — or is he following a long, if uneasy, American tradition of presidents sending troops into the streets?

Host: Alan
Research: Elena, the Roots of Today Archivist

Music: Andrii Poradovskyi (lNPLUSMUSIC – Pixabay)

Sources:

Ackerman, Bruce. We the People: Foundations. Cambridge: Harvard University Press, 1991.

Banks, William C., and Stephen Dycus. Soldiers on the Home Front: The Domestic Role of the American Military. Cambridge: Harvard University Press, 2016.

Benedict, Michael Les. The Impeachment and Trial of Andrew Johnson. New York: W.W. Norton, 1999.

Branch, Taylor. Parting the Waters: America in the King Years, 1954–63. New York: Simon & Schuster, 1988.

Dubofsky, Melvyn. Industrialism and the American Worker, 1865–1920. Wheeling: Harlan Davidson, 1996.

Dudziak, Mary L. Cold War Civil Rights: Race and the Image of American Democracy. Princeton: Princeton University Press, 2000.

Elkins, Stanley, and Eric McKitrick. The Age of Federalism. New York: Oxford University Press, 1993.

Feldman, Noah. Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices. New York: Twelve, 2010.

Finkelman, Paul. “The Fugitive Slave Law and the Southern Campaign for Slavery Expansion.” Civil War History 25, no. 1 (1979): 5–28.

Foner, Eric. Reconstruction: America’s Unfinished Revolution, 1863–1877. New York: Harper & Row, 1988.

Hofstadter, Richard. The American Political Tradition. New York: Vintage, 1973.

Montgomery, David. The Fall of the House of Labor. Cambridge: Cambridge University Press, 1987.

Polenberg, Richard. The Era of Franklin D. Roosevelt, 1933–1945. Boston: Bedford/St. Martin’s, 2000.

Rehnquist, William. All the Laws but One: Civil Liberties in Wartime. New York: Knopf, 1998.

Richardson, Heather Cox. The Death of Reconstruction. Cambridge: Harvard University Press, 2001.

Ross, William G. Forging New Freedoms: Nativism, Education, and the Constitution, 1917–1927. Lincoln: University of Nebraska Press, 1994.

Spitzer, Robert J. The Presidency and the Constitution. Lanham: Rowman & Littlefield, 2000.

Walker, Samuel. Popular Justice: A History of American Criminal Justice. New York: Oxford University Press, 1997.

Yoo, John. Crisis and Command: A History of Executive Power from George Washington to George W. Bush. New York: Kaplan, 2010.

Zywicki, Todd J. “Presidential Power and the Constitution.” Texas Review of Law & Politics 23, no. 1 (2018): 1–42.

Further Reading:
Finkelman, Paul, ed. Encyclopedia of American Civil Liberties. New York: Routledge, 2006.
Includes a clear entry on the Posse Comitatus Act and its legal/political background.

Fisher, Louis. Military Tribunals and Presidential Power. Lawrence: University Press of Kansas, 2005.
Readable treatment of civil-military boundaries and presidential authority, with good context for how the Insurrection Act has been invoked.

Banks, William C. Soldiers on the Home Front: The Domestic Role of the American Military. Cambridge, MA: Harvard University Press, 2016.
Written in a narrative style, this book bridges history and law, explaining the practical consequences of using the military for domestic purposes.

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