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Immigration

Oct. 10, 2025

Turning soldiers into police threatens the balance our founders fought for

Trump's bid to use the National Guard as a political tool has sparked lawsuits claiming he overstepped his authority and threatened the balance between federal and state power.

John H. Minan

Emeritus Professor of Law
University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

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Turning soldiers into police threatens the balance our founders fought for
U.S. immigration detention facility in Portland (Shutterstock)

The founders, who had endured the British occupation and Revolutionary War, were deeply concerned about having soldiers act as police. They were aware that soldiers are trained to kill foreign combatants, not civilians. In contrast, President Donald Trump seems to have few reservations about using National Guard troops for political ends and over the objection of state authorities.

The clash between Trump and Democratic-led states over using National Gua...

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