The President's Protective Power

Jack spoke with Chris Mirasola of the University of Houston Law Center about the President’s “protective power” to use the regular armed forces or the National Guard (if properly federalized) in the domestic sphere for the protection of federal property and functions. They discussed the origins and scope of the protective power, its relationship to the Posse Comitatus Act, why it was relevant in Trump v. Illinois, and the president’s prominent options for domestic deployment of the military (including using regular armed forces for a protective function) after Trump v. Illinois.

Further reading:

Chris Mirasola, Sovereignty, Article II, and the Military During Domestic Unrest, 15 Harv. Nat’l Sec. J. 199 (2023)

Jack Goldsmith, Thoughts on the Interim Order in Trump v. Illinois, Executive Functions (December 24, 2025)

Chris Mirasola, Unpacking the Protective Power, Lawfare (June 12, 2025)

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