In the Government’s Own Words
The Solicitor General to the Supreme Court, November 10, 2025:
“After all, the standing military does not ‘regular[ly]’ ‘execute the laws.’ Indeed, under the Posse Comitatus Act, the standing military is generally prohibited from ‘execut[ing] the laws,’ unless ‘expressly authorized by the Constitution or Act of Congress.’”
But then:
“[S]uch protective functions can also be performed by the standing military under Article II notwithstanding the Posse Comitatus Act…”
The escape hatch.
No Review Allowed
“Federal judges have neither the competence nor the authority to second-guess the Commander in Chief’s judgment that the standing military is better deployed elsewhere or that the National Guard is better suited to address the problem at hand.”
“[T]he authority to decide whether the exigency has arisen[] belongs exclusively to the President, [such] that his decision is conclusive upon all other persons.”
Translation: The President decides. Courts stay out.
The Founders’ Fear
The Solicitor General acknowledges:
“There is a strong tradition in this country of favoring the use of the militia rather than the standing military to quell domestic disturbances.”
“The Constitution expressly provides that ‘the Militia,’ not the standing military, may be called forth ‘to execute the Laws of the Union’ in times of domestic disturbance.”
Why? Because the Framers knew what a standing army deployed against citizens meant.
Minnesota, January 2026
From AP reporting, January 19:
“The Pentagon has ordered about 1,500 active-duty soldiers based in Alaska who specialize in operating in arctic conditions to be ready in case of a possible deployment to Minnesota, two defense officials said Sunday.”
“The officials, who spoke on condition of anonymity to discuss sensitive military plans, said two infantry battalions of the Army’s 11th Airborne Division have been given prepare-to-deploy orders.”
“One defense official said the troops are standing by to deploy to Minnesota should President Donald Trump invoke the Insurrection Act.”
What’s the emergency?
“Thousands of Minneapolis citizens are exercising their First Amendment rights and the protests have been peaceful, Frey said.”
“Daily protests have been ongoing throughout January since the Department of Homeland Security ramped up immigration enforcement in the Twin Cities of Minneapolis and St. Paul by bringing in more than 2,000 federal officers.”
The Mayor Responds
Minneapolis Mayor Jacob Frey, on CNN’s State of the Union, January 19, 2026:
“‘It’s ridiculous, but we will not be intimidated by the actions of this federal government. It is not fair, it’s not just, and it’s completely unconstitutional.’”
“‘We are not going to take the bait. We will not counter Donald Trump’s chaos with our own brand of chaos here.’”
What the SG Admits About Soldiers
From the Solicitor General’s brief:
“Soldiers in the standing army have ‘an aggressive mindset’ because their ‘mission’ is to ‘destroy the enemy,’ not ‘try to prevent confrontation and reduce the use of lethal force.’”
Arctic-trained infantry battalions. Mission: destroy the enemy.
Destination: Minneapolis streets.
Target: American citizens protesting immigration enforcement.
On the Ground
From AP, January 19, 2026:
“Across social media, videos have been posted of federal officers spraying protesters with pepper spray, knocking down doors and forcibly taking people into custody.”
“On Friday, a federal judge ruled that immigration officers can’t detain or tear gas peaceful protesters who aren’t obstructing authorities, including when they’re observing the officers during the Minnesota crackdown.”
Yet the response is to prepare active-duty troops trained for Arctic warfare.
The Constitutional Question
The law says standing military cannot execute domestic law.
The Solicitor General says Article II overrides that anyway.
The Solicitor General says courts cannot review the decision.
The Pentagon orders 1,500 active-duty soldiers to prepare for deployment.
The mayor says it’s unconstitutional.
The protests remain peaceful.
The troops remain on standby.
In the Government’s Own Words:
“This Nation has a longstanding norm and tradition favoring the use of the militia rather than the standing army to ensure the execution of the laws during domestic disturbances.”
January 2026: Is the standing army coming home?
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