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August 11, 2025

Scholars warn Trump's city takeover plans violate Tenth Amendment

Nicholas Iovino
cohen.house.gov
Time
Center for Americ...
Harvard Kennedy S...
+3

Legal experts warn urban takeover violates state sovereignty

Trump deployed over 2,000 armed National Guard troops to Washington DC and threatened Chicago next, despite the 147-year-old Posse Comitatus Act that limits military forces in domestic policing. The law doesn't completely prohibit military involvement but requires specific legal procedures like invoking the Insurrection Act.

Legal scholars from Harvard, Yale, and Stanford have condemned Trump's city takeover plans as violations of the Tenth Amendment, which reserves police powers to states rather than federal military control

Federal judge Lindsay JenkinsLindsay Jenkins in Illinois already blocked Trump administration lawsuits against sanctuary policies, ruling they violate state sovereignty protections under constitutional federalism principles

The Brennan Center for Justice called Trump's DC takeover an attempt at nationwide authoritarian control that threatens democratic governance in American cities. Maya WileyMaya Wiley, president of the Leadership Conference on Civil and Human Rights, warned the DC occupation could spread to other cities if courts don't stop it.

Chicago crime statistics show a 30% drop in violent crime and homicides at the lowest level since 2014, contradicting Trump's claims that military intervention is needed to address a crisis

Illinois Governor JB PritzkerJB Pritzker compared Trump's threats to 'when the Nazi Party in Germany tore down a constitutional republic' in the 1930s, warning of historical parallels to authoritarian takeovers

Constitutional law professor Rick Hills of NYU explained Trump 'cannot repeat what he's doing in any other cities' legally, but warns that talking about it scores political points while undermining rule of law

📜Constitutional Law🏛️GovernmentCivil Rights

People, bills, and sources

What you can do

1

Support constitutional law organizations like Brennan Center (brennancenter.org) and ACLU (aclu.org) funding legal challenges to federal military occupation before it spreads nationwide

2

Contact law schools at Harvard, Yale, Stanford demanding public statements from constitutional faculty about threats to federalism and civilian control of military

3

Join Leadership Conference on Civil Rights at civilrights.org coordinating resistance to authoritarian use of federal troops against American cities

4

Call Senate Judiciary Committee at 202-224-5225 demanding hearings on constitutional violations of using military for domestic law enforcement

5

Attend local city council meetings to pass resolutions defending Tenth Amendment protections and rejecting federal military intervention in local governance

6

Study historical examples of military occupation ending democratic governance and share lessons with neighbors before normalization makes resistance impossible