The Posse Commitatus Act is what limits a President’s ability to employ federal troops to enforce the laws.
A Governor has to request that a President send in troops. I assume it’s what interferes with Trump’s ability to use troops to quell the riots.
This didn’t apply when LBJ ordered troops to Washington DC, and it may not apply now.
Prior to 1973 the District was governed by Congress. And today it’s still a federal district and not part of Maryland.
The Posse Commitatus Act is what limits a President’s ability to employ federal troops to enforce the laws.
The Posse Comitatus Act is codified as a prohibitory criminal statute. The Insurrection Act empowers the President to use the military to enforce laws of the United States, as specified therein.
The Constitution, Article 4, Section 4 limits what Congress can authorize, and what the President can do.
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.
A Governor has to request that a President send in troops. I assume it’s what interferes with Trump’s ability to use troops to quell the riots.
The legislature of the state must make the application, unless the legislature cannot be convened (in cases of domestic violence). In cases of invasion or insurrection, application is not needed.
U.S. Constitution, Art. 1, Sec. 8., Cl. 15.
[Congress shall have the Power:] To provide for calling forth the Militia to execute the Laws of the Union, supress Insurrections and repel Invasions.
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insurrection. (15c) A violent revolt against an oppressive authority, usu. a government. ...“Insurrection is distinguished from rout, riot, and offense connected with mob violence by the fact that in insurrection there is an organized and armed uprising against authority or operations of government, while crimes growing out of mob violence, however serious they may be and however numerous the participants, are simply unlawful acts in disturbance of the peace which do not threaten the stability of the government or the existence of political society.” 77 C.J.S. Riot; Insurrection § 29, at 579 (1994).
Black's Law Dictionary, 11th Ed., 2019. CJS stands for Corpus Juris Secundum, a legal encyclopedia.
The Posse Comitatus act is codified as a criminal statute that provides a criminal penalty for using the military other than as expressly authorized by the Constitution or Act of Congress. The Insurrection Acts authorize the use of military force to enforce the laws or put down insurrections.
https://law.justia.com/codes/us/2018/title-18/part-i/chapter-67/sec-1385/
18 U.S.C. § 1385 (2018)§1385. Use of Army and Air 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 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.
https://law.justia.com/codes/us/2018/title-10/subtitle-a/part-i/chapter-13/sec-252/
10 U.S.C. § 252 (2018)§252. Use of militia and armed forces to enforce Federal authority
Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.