Amarica’s Constitution-12/25-No Army at All

Presidential power is abridged, for a change, by the Supreme Court in its shadow docket ruling in Trump v. Illinois. Rather than ruling in silence, however, this time the Court gives us 25 pages and 4 opinions to chew on. We examine the history behind issues of deployment of the Army as well as the Guard/Militia on domestic soil, which leads us to discussions of Militia Acts, the Military Amendments, and basic constitutional principles. Professor Amar discusses the implications for the coming big rulings on tariffs and birthright citizenship he sees in the alignment the Court assumes in this ruling. Just as this is not the Court’s last word in this case, we will have more to say in subsequent episodes, but this discussion will leave you armed, if you will, with the tools to see the issues clearly.
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