Federalizing the NC National Guard for Political Policing? Congress Must Say No
Cmdr. Dave Petri, USN (Ret.)
Greensboro News & Record/The Winston-Salem Journal Print
Aug 17, 2025
The North Carolina National Guard exists to protect and serve the people of our state — not to be deployed for political theater hundreds of miles away. Yet recent reports in The Washington Post reveal the administration is considering federalizing state National Guard units, including some of ours, to patrol Washington, D.C., as part of a broader “civil unrest” plan.
This raises serious legal, operational and moral concerns — and comes at the worst possible time for North Carolina.
The president has direct authority over the D.C. National Guard and can federalize state units for domestic missions. Supporters claim this can boost manpower without expanding local police forces. But legality is not the same as necessity, and so-called cost-effectiveness depends on context.
Nor is that authority open-ended — it is grounded in the Insurrection Act of 1807, which limits federalizing the Guard to extraordinary situations such as rebellion, insurrection or domestic violence that civilian authorities cannot control.
The Act is a narrow exception to the Posse Comitatus Act, which otherwise prohibits using federal military forces for civilian law enforcement. It is intended for genuine crises beyond the capacity of local or state institutions — not routine policing in cities with capable police forces and federal agencies.
These deployments are also far from “free.” They divert personnel from core missions, require heavy logistical support and cost taxpayers millions.
So far, there have been no specific appropriations for expanded domestic Guard use. Instead, the Pentagon has relied on reprogramming funds from training, maintenance and disaster preparedness — undermining readiness in the process.
