National Guard Command Authority and the Black Lives Matter Protests of 2020: Domestic Security Debates for a New Generation of Military Veterans

Abstract

This study explores connections between the military experiences of a new generation of War on Terror (WoT) veterans elected to the U.S. Congress and controversial policy decisions on domestic security during the Black Lives Matter (BLM) protests. WoT veterans became the largest cohort of lawmakers with common military experiences on Capitol Hill in 2020, and this article examines their engagement through two original case studies of legislative debates over command and control of the National Guard mobilization during BLM protests. Confrontations between federal law enforcement officers and BLM protestors led some WoT veterans to propose legislation to restrict executive authority over National Guard deployments, including reforms of Titles 10 and 32 of the U.S. Code and the Insurrection Act, but other WoT veterans challenged these positions. This exploratory study of events and circumstances links the timely topic of domestic security to traditional debates in the civil–military relations literature on whether veterans are more or less likely to support the use of military force and try to expand congressional oversight of presidential powers. By bridging the gap between research areas and crossing generations, this article offers lessons for past, present, and potentially future debates about the use of troops for domestic security operations.