The Founders Would Abhor Trump’s Domestic Deployments: And the notion that courts can’t review his National Guard decisions is baseless. (Philip Allen Lacovara, Nov 07, 2025, The Bulwark)
The Founders would be appalled. They fought a revolution against a king who sent his troops against them to enforce his laws. That experience was fresh in their minds when they adopted a Constitution that says that Congress alone has the power “to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”
The president argues that it is appropriate for him to use the military “to execute the laws.” He also contends that the courts have no authority even to consider the legitimacy of his decision to summon National Guard troops and send them into American cities for what he deems law enforcement.
Neither position has constitutional support.