Trump wants to use the military within the United States.
While campaigning in Iowa this year, Donald Trump asserted that during his presidency, he refrained from deploying the military to tackle unrest in predominantly Democratic urban areas.
Describing New York City and Chicago as “crime dens,” the leading contender for the 2024 Republican presidential nomination declared to his audience that he would not hesitate to take action in the future, stating, “The next time, I’m not waiting. One of the things I did was let them handle it, and we’re going to show how poorly they manage it.” Although Trump hasn’t specified how he might employ the military in a potential second term, he and his advisers have suggested having broad authority to deploy units.
The Insurrection Act, established in 1792, grants the president, as commander in chief, substantial power to call upon reserve or active-duty military units to address unrest in the states. This authority, not subject to judicial review, only requires the president to request that participants disperse, serving as its primary constraint. Despite originating in a different era, the act stands as a notable exception to legislation like the Posse Comitatus Act, which generally restricts the involvement of the military in law enforcement activities.
Trump’s potential use of the military, both domestically and at the border, has been openly discussed, including potential actions against foreign drug cartels. The implications of such plans have sparked debates around military commitments, presidential authority, and potential appointees who would support such approaches. While the Pentagon, under the leadership of Gen. Charles Q. Brown, may resist efforts to invoke the Insurrection Act for domestic policing, Trump continues to enjoy considerable support among military veterans.
A historical examination of the Insurrection Act reveals that past presidents, including Lyndon Johnson, John F. Kennedy, Dwight Eisenhower, and George H.W. Bush, invoked it in response to various challenges. However, the act’s potential repeated use under a new Trump presidency could strain military leaders, who might face consequences for actions directed by the president. Questions about the military’s readiness to follow potentially contentious orders and the importance of upholding the oath to the Constitution have become prominent in discussions surrounding this issue. Despite legal checks and balances, some experts express concerns about the potential for mayhem and violence leading to the deployment of the military under a Trump administration.