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It looks like the military being deployed on rioters

Leaving aside the equivalence of "protesting" with "rioting," the United States has robust Constitutional, common-law and statutory guardrails against the use of the military domestically. The US military cannot, absent an insurrection in which regular legal order cannot be maintained, be deployed against US residents. The use of the military in the past has been limited to what were deemed by federal and state officials full insurrections (e.g., the Whiskey Rebellion), or, in the civil rights era, in response to governors affirmatively refusing to enforce the law regarding an end to segregation and the integration of public institutions. In this case we have state and local officials explicitly stating that the factual predicates of an insurrection aren't being satisfied (the protests cover a few square blocks in a metropolitan area that by itself is larger than Lebanon or Kosovo, in a state larger than Japan or Sweden). While courts traditionally give deference to executive determinations of this sort, they aren't beyond judicial review, and this is (I would argue) clearly pretextual.

What we're seeing here, conversely, is an attempt to sidestep this clear principle through not-particularly-clever tricks and semantic gamesmanship; for example, mobilizing Marines to "protect federal property," but then DHS officially asking DOD to give active duty forces arrest power. This is clearly unconstitutional and illegal, but, as with much we've seen recently, the hope appears to be that if you change the facts on the ground quickly enough, the clear illegality of the actions can be ignored.

In addition, the federalization of a state National Guard against the will of the state is unprecedented; I don't know of any previous example of this happening. In the American system, even though the National Guard is a vestige of the old state militias, it's clear that the states are at least assumed to have plenary authority over their own forces absent an invasion or insurrection.



  > Leaving aside the equivalence of "protesting" with "rioting,"
Is not burning cars crossing the line from protesting to rioting?


As is usually the case, did the car burning happen before or after it was declared a riot, and the law enforcement agencies involved started using force? Did the riot start and then the police started using CS gas, rubber bullets, etc, or did the police use force and protesters with little recourse started damaging property out of anger and frustration because they can’t use force back against law enforcement?


Yes. Some protests are riots, all riots are protests.




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