Legal Framework & Historical Context - The Posse Comitatus Act is a criminal prohibition on the US Armed Forces or federalized National Guard members from engaging in domestic law enforcement unless explicitly allowed by the Constitution or an act of Congress [7][8] - The Insurrection Act creates exceptions to the Posse Comitatus Act, outlining specific scenarios where the military can be used for domestic purposes, such as suppressing an insurrection at the request of a governor or preserving civil rights when a state fails to do so [18][20][21] - The Tenth Amendment reserves police power to the states, emphasizing that domestic law enforcement is primarily a state and local responsibility, not a federal or military one [11][12] Concerns Regarding Military Use - Experts express concern that military personnel are trained for combat against foreign enemies with lethal force, which differs significantly from the rules of engagement for domestic law enforcement [13][14] - There are concerns about the safety of deploying armed military members on US streets due to the different rules of engagement they are trained for [15] - The government's attempt to use a technical provision (Title 10 Section 12406) to federalize the National Guard against the wishes of state governors has been challenged in court, with judges finding that the facts did not support the use of this provision [36][37] Title 32 Authority & Potential Loopholes - Title 32 of the US Code allows the President to use the National Guard for federal functions while they remain under the governor's control, meaning they are not subject to Posse Comitatus; some governors have voluntarily used this authority, while others have resisted [61][62][64] - The Department of Justice has argued in OLC memos that it does not violate Posse Comitatus to use the military to protect federal functions and federal property, though this has never been tested in court [43][44] International Operations & Use of Force - The US military has engaged in strikes against boats in the Caribbean Sea, claiming they were carrying drugs, but the legal authority for these actions is questionable, with some arguing it constitutes murder [83][87] - The government's theory is that the cartels are in an armed conflict with the United States, making them subject to the laws of war, but this justification is seen as dubious and potentially setting a dangerous precedent [91][92][93]