Modern Law Library

How we deploy the military domestically, and why


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The Third Amendment to the Constitution forbids the quartering of troops in Americans' houses. It's a reminder of how uneasy the people of the country have been about the domestic deployment of our soldiers. There are robust rules about how the military can be used on American soil, but how did those rules come about?

It's a question that National Guard officer Jonathan Bratten hoped to help answer in Forging the Framework: Evolving Law, Policy, and Doctrine for the US Military's Domestic Response, which he edited and contributed to as one of the authors.

"It was really cool to see the way that the roots of our processes are built into the colonial era, just as the roots of a lot of our frictions are built into the colonial era," Bratten tells Modern Law Library host Lee Rawles.

Forging the Framework, which is available for free from the Army University Press, looks at how different periods of American history shaped how the military operates on American soil today. As a country that has not faced many invasions, the bulk of domestic military operations have been to respond either to civil unrest or to natural disasters.

"When you look at how this affects those who serve, I just think about the number of people who got called off of the COVID-19 mission, where [you were] helping your community members to go deploy, to protect, go into support of law enforcement during the George Floyd protests," says Bratten. "There's just that weird duality that exists in the Guard and these experiences sort of ripple through."

In this episode of the Modern Law Library, Bratten and Rawles dive deep into the Pullman Strike, Posse Comitatus, slave revolts, the rewards of disaster response and the difficulty of convincing militiamen to confront their rioting relatives.

Download Jonathan's book here. 

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