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Atreus

(64 posts)
18. Trump's 'Law and Order' Talk: Bluff or Constitutional Crisis?
Fri Aug 22, 2025, 10:48 PM
Aug 22

Trump is once again threatening to “straighten out” cities like Chicago, New York, and San Francisco by sending in federal forces. Here’s how this realistically plays out, based on law, precedent, and politics.

What Trump can’t do
Outside of D.C., he has no direct authority over local police and can’t just take over a city.

State National Guard units answer to their governors. A Democratic governor (like Pritzker in Illinois or Hochul in New York) would have to approve activation for their state, unless Trump invoked something extraordinary.

The Posse Comitatus Act (1878) restricts use of the U.S. military in domestic law enforcement. Regular Army/Marines can’t just be deployed into Chicago or NYC to “police the streets.”

What he could try to do
Invoke the Insurrection Act (1807). This is the only real legal back door that allows a president to use federal troops in domestic law enforcement without governor approval — but it’s supposed to be reserved for rebellion, obstruction of federal law, or when civil authorities are completely unable/unwilling to maintain order. Even then, it would spark immediate lawsuits and likely end up in the Supreme Court.

Send federal agencies (FBI, ATF, DHS, DEA) into cities under the guise of “crime task forces.” He’s done this before — Operation Legend in 2020 was a smaller version of this, where federal officers were sent into Kansas City, Chicago, Albuquerque, etc. That’s far more likely than tanks rolling down Michigan Avenue.

Why this is political posturing
He’s clearly using crime in Democratic-run cities as a political weapon. It riles up his base, lets him attack Democratic mayors, and gives him a “law and order strongman” narrative going into 2026.

Legally, his hands are tied unless something extreme (riots, civil unrest, rebellion) happens that he can exploit. Governors will resist, courts will block, and Congress would weigh in.

The idea of the military “making Chicago safe” is pure theater — it appeals to a certain audience but collapses under legal and practical scrutiny.

How it could play out

The Bluff (Most Likely)
He ramps up federal task forces (FBI, ATF, DHS, DEA), calls a press conference, and claims victory. It’s noisy, politically useful, but limited in scope. No military, no city takeover.

The Insurrection Act Gambit (Worst-Case)
He tries to invoke the 1807 Insurrection Act to override governors and deploy troops. That triggers immediate lawsuits, national protests, and likely a showdown in the Supreme Court. The Pentagon itself might resist being used this way. It would be a full-blown constitutional crisis.

Bottom line
This is either political theater to rally his base, or an unprecedented abuse of power that collapses under legal and political resistance. The “uproar” is already there — but a lot of this is more about optics than actual authority.

Recommendations

3 members have recommended this reply (displayed in chronological order):

I really think all hell is about.to break loose. johnnyfins Aug 22 #1
Yup orangecrush Aug 22 #17
100% what TACO wants and why he's pulling this shit--for all hell to break loose. Bengus81 Aug 23 #21
I'm in Chicago and I don't have the Epstein files. greatauntoftriplets Aug 22 #2
I'm in Chicago too Chi67 Aug 23 #20
Pshaw! Bayard Aug 22 #3
I can't wait for Chicago's response! OldBaldy1701E Aug 23 #22
This message was self-deleted by its author Bayard Aug 22 #4
Making America safe for white collar crooks bucolic_frolic Aug 22 #5
hem. when we have one in the top office of the land . AllaN01Bear Aug 22 #6
He's so full of shit and JB Pritzker already has his number FakeNoose Aug 22 #13
How about New York? no_hypocrisy Aug 22 #7
Well, this NYC'r sez EFF Off, drumphf! electric_blue68 Aug 22 #15
Wonder why he is not talking about Smilo Aug 22 #8
He sounds like a 1930s gangster film. BigmanPigman Aug 22 #9
He IS a criminal mob boss. Convicted I might add... Evolve Dammit Aug 23 #24
I bet tne legit mob bosses don't sound this stupid. BigmanPigman Aug 24 #25
Let taco try...Gov Pritzker has already addressed this...ain't happenin' PortTack Aug 22 #10
why are judges allowing this when there is no emergency except in Demented Donnie's brain. travelingthrulife Aug 22 #11
In the case of D.C. BumRushDaShow Aug 22 #12
Hey, doofus, you ears would probably fall off if you really heard what most.. . electric_blue68 Aug 22 #14
He is so delusional.....nt Figarosmom Aug 22 #16
Trump's 'Law and Order' Talk: Bluff or Constitutional Crisis? Atreus Aug 22 #18
Rather, he should go to the red states.... Mark.b2 Aug 23 #19
Fascism pure and simple kiranon Aug 23 #23
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