Under the post-Civil War law known as Posse Comitatus, the U.S. active duty military is forbidden from carrying out law enforcement duties. That ban can only be waived if a President declares a national emergency.
The governor made remarks on George Floyd’s death and the subsequent protests that have erupted in Minneapolis.'s controversial tweet suggesting a further military role have raised questions about what guardsmen can do to control the violence in Minneapolis and whether the active duty military has any role at all.
Jensen said Walz authorized his recommendation that the guardsmen be armed as they deployed Thursday night. He declined to disclose what rules of engagement the guardsmen were operating under, but noted that they retained the right of self-defense. "We're not authorized to disclose any specifics about our tactics or use of force," said the statement."The Guardsmen are activated to protect life, preserve property and to ensure the right of people to peacefully demonstrate in Minneapolis and its surrounding communities."
Each state and territory in the United States has a National Guard that is under the direct control of a state’s governor. They can be federalized for national missions, but that is not the same as the president's taking over a state’s guard.
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