The National Guard’s primary role isn’t really policing. If you have something expand beyond the ability of the police to deal with, okay, but basically it’s putting a bunch of people with limited experience in a policing role. It’s not the first option to pick unless the police can’t deal with it.
“If [New York City Mayor] Eric Adams won’t send the NYPD and [New York Governor] Kathy Hochul won’t send the National Guard, Joe Biden has a duty to take charge and break up these mobs,” Cotton wrote Monday on X, formerly Twitter,
Biden – as with the federal executive in general – cannot use the state National Guard for policing like that without state involvement.
The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878, by President Rutherford B. Hayes which limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States. Congress passed the Act as an amendment to an army appropriation bill following the end of Reconstruction and updated it in 1956, 1981 and 2021.
Turns out that made use of the instruction act to bypass Posse Comitatus. So, it’s theoretically possible, but I wouldn’t recommend him doing so. Especially because it’ll further normalize use of the insurrection act, which I don’t think is a good idea.
The National Guard’s primary role isn’t really policing. If you have something expand beyond the ability of the police to deal with, okay, but basically it’s putting a bunch of people with limited experience in a policing role. It’s not the first option to pick unless the police can’t deal with it.
Biden – as with the federal executive in general – cannot use the state National Guard for policing like that without state involvement.
https://en.wikipedia.org/wiki/Posse_Comitatus_Act
I remembered this where the 101st was sent in to Arkansas:
https://en.m.wikipedia.org/wiki/Little_Rock_Nine
Turns out that made use of the instruction act to bypass Posse Comitatus. So, it’s theoretically possible, but I wouldn’t recommend him doing so. Especially because it’ll further normalize use of the insurrection act, which I don’t think is a good idea.