The American Democracy Minute Radio News Report & Podcast for June 11, 2025

In a highly controversial action, President Trump is testing the reach of his powers by sending 4700 military personnel into Los Angeles to suppress protests. What are Title 10, the Insurrection Act and the Posse Comitatus Act?

The Posse Comitatus Act forbids use of the military to enforce laws against U.S. citizens under ordinary situations, but there are extremely rare exceptions.

In his mobilization of the California National Guard and active duty Marines, Trump apparently invoked Title 10, a statute enabling the U.S. armed forces.  Section 251 says:

“Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection.”  

No such requests were made by state officials. 

Under the Insurrection Act, the American Constitution Center notes three circumstances where presidents may use the military on U.S. soil:  When a local official asks for assistance; when an insurrection against the federal government or judiciary occurs; or when a state refuses to uphold civil rights.  

What constitutes an “insurrection”? That will likely be decided by the U.S. Supreme Court.   Find more at AmericanDemocracyMinute.org.  I’m Brian Beihl. 

Today’s Links

Articles & Resources:

U.S. Congress – Defense Primer: Legal Authorities for the Use of Military Forces
U.S. Code – Enabling the U.S. Military – Title X, Chapter 13, Section 251 – INSURRECTION
American Constitution Society – (2020) The President’s Legal Authority to Commit Troops
Domestically Under the Insurrection Act
NPR – Legal experts worry about presidential abuse of the Insurrection Act. Here’s why
ABC News – LA protests live updates: LA mayor says more than 100 arrested, ‘fringe groups’ leading late-night protests 
 

Groups Taking Action:

Protect Democracy, Project on Government Oversight, Public Citizen

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State

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The post What are Title 10, the Insurrection Act and the Posse Comitatus Act, and When Can the President Use Them?  Spoiler: LA Doesn’t Likely Qualify. appeared first on American Democracy Minute.