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.
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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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