In this special report from The Republic — If You Can Keep It, Lou and Rob break down the recent Supreme Court decisions reshaping presidential authority to mobilize National Guard units. They examine how these rulings affect the President’s ability to deploy Guard forces across state lines and why the boundaries between state and federal power are now more contested than ever. The discussion covers the Insurrection Act, the Posse Comitatus Act, and the constitutional framework governing when military forces may support law enforcement. Lou and Rob also explain the differences between state‑controlled Guard units and federally activated forces, highlighting how these distinctions drive ongoing legal battles.Key Statutes & AuthoritiesInsurrection Act (10 U.S.C. §§ 331–335) – Authorizes federalized Guard or active‑duty forces to suppress insurrections or enforce federal law when ordinary processes fail.331: https://tinyurl.com/25nrzxqx332: https://tinyurl.com/25dzxjwc333: https://tinyurl.com/28tedk5a334: https://tinyurl.com/29hxfepj335: https://tinyurl.com/22kcdmq410 U.S.C. § 12406 – Allows the President to call National Guard units into federal service to execute federal laws.https://tinyurl.com/2cd63ag732 U.S.C. § 502(f) – Permits Guard units to perform federal missions under state control (Title 32 status).https://tinyurl.com/2d46avncPosse Comitatus Act (18 U.S.C. § 1385) – Restricts federal military involvement in domestic law enforcement unless authorized by statute.https://tinyurl.com/26dwfvs6Constitutional ProvisionsArt. I, §8, cl. 15 – Congress may call forth the militia to execute laws, suppress insurrections, and repel invasions.https://tinyurl.com/22yv33z9Art. I, §8, cl. 16 – Congress organizes and arms the militia; states appoint officers and conduct training.https://tinyurl.com/252d6gxpArt. I, §8, cl. 17 – Exclusive federal authority over D.C., including the D.C. National Guard.https://tinyurl.com/25r3traaArt. II, §2 – President is Commander in Chief when the militia is federalized.https://tinyurl.com/2844odnnArt. II, §3 – President must “take Care that the Laws be faithfully executed.”https://tinyurl.com/27ney6a6Historical CasesMartin v. Mott (1827) – President’s determination of an emergency justifying militia activation is conclusive.https://tinyurl.com/2blonr6jIn re Neagle (1890) – Recognized inherent executive authority to protect federal officials.https://tinyurl.com/2yx766fxIn re Debs (1895) – Affirmed federal power to prevent interference with government operations.https://tinyurl.com/2n4t4wh9Recent Litigation Over Guard DeploymentsIllinois (Chicago) – TRO upheld; Supreme Court denied emergency relief.Docket: https://tinyurl.com/23nxxpu6Opinion: https://tinyurl.com/246mblkfSCOTUS: https://tinyurl.com/26hyqj4eCalifornia (Los Angeles) – Deployment ruled unlawful under Posse Comitatus.Ruling: https://tinyurl.com/2cnygysz9th Cir.: https://tinyurl.com/2xmn3cbgOregon (Portland) – TRO and permanent injunction issued; 9th Cir. affirmed.Injunction: https://tinyurl.com/28k2888yOpinion: https://tinyurl.com/2xl47ftbWashington (Seattle) – Deployment ended by court order; 9th Cir. affirmed.Ruling: https://tinyurl.com/2ypgszhqOpinion: https://tinyurl.com/2bs5uowyDisclaimerThis content is for educational and informational purposes only. It does not advocate for or against any political candidate, party, referendum, ballot measure, or public policy. It is not intended to influence the outcome of any election or referendum, voting behavior, or any legislative or regulatory process at the U.S. federal, state, regional, or local level, or at the EU, national, regional, or local level. Copyrighted materials appearing in this content are used under Fair Use for purposes of commentary, criticism, education, and analysis (17 U.S.C. § 107). Opinions expressed do not constitute legal advice.