[Zathras]

This violates the Posse Comitatus Act of 1878.
The National Guard can be involved but not the Military.

[Robert DeLong]

Not if an Act of Congress is authorized:

The Posse Comitatus Act consists of just one sentence: “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”

Additionally, Biden Administration ignored the laws of immigration, and actually subverted them to allow millions of invaders in to this nation. Also, are these illegal invaders considered to be civilian citizens?

SOURCE

[Bishop_Malachi]

The National Guard can be involved but not the Military.

____________________________________________________-

I’m not really seeing how the National Guard isn’t merely an extension of “The Military”.

[babble-on]

Oh yes, Trump will be very respectful of the Posse Comitatus Act of 1878. Top of mind for him I’m sure. He has shown his great respect for the rule of law and the constitution over and over, after all.

[funwithfood]

Yep first thing that came to mind to me.

[central_va]

There are creative ways to work within the bounds of Posse Comitatus.

[Political Junkie Too]

This violates the Posse Comitatus Act of 1878. The National Guard can be involved but not the Military.

This is not entirely true.

Here is the text of the actual US Code.

18 U.S. Code § 1385 - Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus:

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

Article IV Section 4 of the Constitution says:

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Since the Posse Comitatus Act allows the United States to use the military as a police force when "expressly authorized by the Constitution," and the Constitution allows the United States to protect the states against invasion, the use of the Army at the border to repel illegal entry would appear to be legal and constitutional.

Furthermore, the Constitution allows the United States to protect against "domestic violence" when approved by state legislatures (or the governor if the legislature is not in session). This means that states with rampant looting, shoplifting, carjacking, ram and grab stealing, etc., can have their legislatures request that the United States help them to quell the domestic violence. That help would be in the form of the United States Army.

Protecting against looting and rioting would not be allowed unilaterally by the Commander-in-Chief, but border protection would be allowed.

Congress already has a check and balance against a tyrannical executive abusing a standing army in Article I:

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

The Constitution requires Congress to approve the budget for the army every two years. If a Commander-in-Chief uses the army in inappropriate ways, Congress can defund the army to stop the President.

-PJ