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The Guardrails of Power: National Guard, Posse Comitatus, and Presidential Overreach
In this episode of The Chuck Kyle Show, Chuck examines how Donald Trump used 10 U.S.C. § 12406 to federalize the National Guard without a governor’s consent, what Judge Breyer’s ruling revealed about the limits of presidential power, and why the Insurrection Act is the only real exception to the Posse Comitatus Act.
We break down the three Guard statuses — State Active Duty, Title 32, and Title 10 — and look at how federal authority over the Guard can be stretched in ways never intended. From Los Angeles as a testing ground to Washington, D.C. as the proving ground, the Guard has become a key battleground for the rule of law in America.
Chuck argues that this is not a routine policy debate but a test of whether a President can redefine “emergency” and use Soldiers as a personal police force. With the Supreme Court’s Trump v. CASA, Inc. decision limiting nationwide injunctions, every state may soon face its own legal fight.
Key Topics:
How Guard orders are cut in Arlington under Title 10
Why § 12406 is not a blank check for law enforcement
The Insurrection Act’s role and limits
Judge Breyer’s ruling and its implications
What CASA means for the future of state vs. federal power
Follow the Show:Find Chuck’s full articles and commentary on Substack: https://thechuckkyleshow.substack.com/
Get full access to The Chuck Kyle Show at thechuckkyleshow.substack.com/subscribe
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By The Chuck Kyle ShowIn this episode of The Chuck Kyle Show, Chuck examines how Donald Trump used 10 U.S.C. § 12406 to federalize the National Guard without a governor’s consent, what Judge Breyer’s ruling revealed about the limits of presidential power, and why the Insurrection Act is the only real exception to the Posse Comitatus Act.
We break down the three Guard statuses — State Active Duty, Title 32, and Title 10 — and look at how federal authority over the Guard can be stretched in ways never intended. From Los Angeles as a testing ground to Washington, D.C. as the proving ground, the Guard has become a key battleground for the rule of law in America.
Chuck argues that this is not a routine policy debate but a test of whether a President can redefine “emergency” and use Soldiers as a personal police force. With the Supreme Court’s Trump v. CASA, Inc. decision limiting nationwide injunctions, every state may soon face its own legal fight.
Key Topics:
How Guard orders are cut in Arlington under Title 10
Why § 12406 is not a blank check for law enforcement
The Insurrection Act’s role and limits
Judge Breyer’s ruling and its implications
What CASA means for the future of state vs. federal power
Follow the Show:Find Chuck’s full articles and commentary on Substack: https://thechuckkyleshow.substack.com/
Get full access to The Chuck Kyle Show at thechuckkyleshow.substack.com/subscribe