Trump

I. INTRODUCTION

The Framers of the Constitution were deeply concerned with two issues. First,

they were concerned that the United States have sufficient authority to defend the

nation and its own laws. Second, they were concerned that the conferral of such

power not usurp the states’ primary responsibility for addressing crime, riots, and

other lawless actions. “It is no easy thing to establish a republican military powerful

enough to protect against foreign enemies and domestic insurrections, without

creating the danger to which all too many republics have succumbed: that the man

on the white horse will seize the reins of power.” Michael W. McConnell, The

President Who Would Not Be King 205 (2020). These were among “the central

concerns of the Anti-Federalists about the new national government in general and

the presidency in particular.” Id.

25-6268 The solution to the first issue was found in the Militia Clause, which is the

source of authority for 10 U.S.C. § 12406, the statute at issue in this case.2 Article

I, Section 8, Clause 15 provides:

[Congress shall have Power] . . . [t]o provide for calling forth the Militia to…