Trump Accused of Violating Law: Posse Comitatus Forbids Federal Troops in States Without Consent.

Trump Accused of Violating Law: Posse Comitatus Forbids Federal Troops in States Without Consent.

by Yeyetunde at Sep 2, 2025

In the USA.

The news as it trends.

In a landmark ruling, U.S. District Judge Charles Breyer declared the Trump administration’s deployment of federal troops to Los Angeles for law enforcement operations unlawful, citing a direct violation of the Posse Comitatus Act.

The judge condemned the use of military personnel for domestic policing, such as crowd control, traffic stops, and raids, as creating a “national police force with the president as its chief,” a concept the law explicitly forbids.

Passed in 1878, the Posse Comitatus Act is a cornerstone of American democracy.

It prohibits federal military forces from engaging in civilian law enforcement unless authorized by Congress.

This principle is deeply embedded in the Bill of Rights, particularly the Third and Fourth Amendments, which protect citizens from military intrusion and unwarranted government overreach.

The Federalist Papers, especially Nos. 8 and 41, warn against the dangers of a standing army interfering in civil affairs, reinforcing the importance of state autonomy in preserving liberty.

States have a constitutional right to govern their internal affairs, including law enforcement.

One of the few exceptions is the Insurrection Act, which allows federal troops to be deployed only when a state requests assistance or in cases of rebellion.

In this case, no such request was made by the state or its governor. President Trump sent troops based on personal discretion and political impulse, an act explicitly forbidden by the U.S. Constitution and the Posse Comitatus Act.

Importantly, a president cannot unilaterally change the Posse Comitatus Act, even under the guise of immigration enforcement, crime reduction, or “cleaning up” a state.

Any amendment to the law would require a majority vote in both chambers of Congress—218 votes in the House and 51 in the Senate, assuming full attendance.

States do not vote directly on federal statutes, but their autonomy is protected by constitutional design.

If such a change were passed, it would become law and could be used by any future president, including a Democrat.

That’s why this law has historically been left to the states to influence through collaboration and consent, not coercion.

Military personnel are typically deployed only by request and in cooperation between state and federal governments.

This balance began to shift during Trump’s second term, when immigration and crime rates were cited as justification for federal troop deployment.

Yet notably, no troops were sent to red states, even when their homicide rates were higher than those in Democratic-led cities.

Judge Breyer’s ruling reaffirms that state autonomy is not optional, it’s constitutional.

As midterm elections approach, this decision may shape future debates on executive power, federal overreach, and the enduring importance of local control.

The Posse Comitatus Act remains a vital safeguard against the misuse of military force in civilian life.

Though states cannot vote directly to change it, the Bill of Rights was fought for precisely to prevent federal overreach.

It’s a legacy of liberty that continues to define how power is distributed in America today.

Yetunde B reports for Yeyetunde’s Blog. 

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