- United States
- Ariz.
- Letter
Stop Illegal Executive Use of the Military: Defend State Sovereignty
To: Sen. Kelly, Rep. Hamadeh, Sen. Gallego
From: A verified voter in Phoenix, AZ
July 17
As your constituent, I am writing to urge you to protect a cornerstone of American liberty: the strict separation between civilian law enforcement and the United States Armed Forces. For nearly 150 years, the Posse Comitatus Act has kept our military out of domestic policing, restricting it to defending us from foreign threats, not patrolling American streets. This isn't a hypothetical concern anymore. In September, U.S. District Judge Charles Breyer in the Northern District of California ruled that the President and the Secretary of Defense willfully violated the Posse Comitatus Act when they federalized the California National Guard and deployed Marines into Los Angeles. The judge found it was not an isolated incident, but part of a systematic effort to use troops to execute federal law - drug enforcement and immigration enforcement - across hundreds of miles over months. The court permanently blocked that conduct in California. The administration is appealing, but the finding stands: this already happened, and a court already called it illegal. Despite that ruling, the administration has signaled it intends to deploy troops into other American cities, bypassing the governors who are supposed to control their own National Guard units. That is not a partisan talking point. It is a direct threat to the constitutional balance between federal and state power that conservatives and progressives alike have defended for generations. Here is what you can do about it: - Support S. 2803, the SUN Act, which requires the President to report to Congress within 15 days of any domestic National Guard deployment, creating a vital accountability check for any missions outside of standard natural disaster response, including the legal basis and the cost to taxpayers. Right now there is no such accountability requirement. - Support H.R. 5604, the National Guard Proper Use Act, which would bar the National Guard from being ordered to enforce immigration law, closing off one of the specific abuses a federal court has already found unlawful. - Oppose any effort to let a President deploy Guard units across state lines without the consent of the receiving state's governor. That consent requirement exists precisely so that no single administration can build a national police force out of soldiers who swore an oath to defend the Constitution, not to occupy American cities. - Speak out publicly against the administration's attempts to exploit emergency loopholes. Local civil protests are not a "rebellion" or an "insurrection," and treating them as a pretext to deploy combat troops against American civilians on domestic soil is a dangerous overreach. Members of Congress must do their duty to protect the integrity of our military and ensure our service members are never forced to choose between political orders and their constitutional oath. Service members did not enlist to be turned against their fellow citizens, and a federal court has already found that using them this way breaks the law. This is not about partisan politics. It is about whether the Constitution's limits on military power over civilians still mean something. I urge you to support S. 2803 and H.R. 5604, and to oppose any use of the National Guard against American cities without a governor's consent. I expect you to act.
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