The Role of Federal Military Forces in Domestic Disorders, 1789-1878.

Citizenship, Enmity, and the Normative Theory of Domestic Military Use

“…Contemporary U.S. scholarship on this question tends to focus on the historical role and legal permissions the military has in domestic cases. Historical accounts of domestic military use in the United States (Coakley, 1988;Laurie & Cole, 1997;Mertuka, 2013; The Use of the Military to Execute Civilian Law [Congressional Research Service (CRS)], 2018) show that the President has significant discretionary power in the matter, and that this power has been used on multiple occasions including in riot response, and enforcing desegregation. Current normative theoretical work that focuses on these issues and that considers the changes in institutional, political, and social realities, is not as common as the weight of the issue would dictate.…”