Deploying Armed Forces: Road Clearance Legalities

The use of the military on American soil is a highly nuanced and complex topic. In times of civil unrest, national emergency, or enemy attack, the US military can be deployed for law enforcement purposes. However, the activation of federal troops under the Insurrection Act is rare and highly debated among legal scholars. The use of the military for law enforcement purposes can create panic and chaos, and strategic subtlety is often required to handle volatile situations effectively. The National Guard can be mobilized by state governors to support local law enforcement, but they cannot order active-duty military members to do the same. Military vehicles are commonly seen on public roads, and while tanks are rarely seen, they are transported on flatbeds or trains to avoid damaging roads.

Military vehicles on public roads

The presence of military vehicles on public roads is often related to their transportation to and from military bases, training centers, and reserve armories. In some cases, military vehicles like Humvees and larger troop carriers are spotted on expressways and interstates. The transportation of tanks, on the other hand, is typically handled on flatbeds or trains to avoid damaging roads and ensure safety.

The use of military vehicles on public roads is subject to certain regulations. In the United States, vehicles produced to military specifications are exempt from Federal Motor Vehicle Safety Standards. However, they are subject to statutory notification and remedy provisions if they incorporate safety-related defects. The primary criterion for jurisdiction is whether the vehicle is manufactured primarily for use on public roads.

Additionally, military installations have their own set of rules and requirements. Individuals living, working, or regularly accessing an Army, DLA, Air Force, Navy, or Marine Corps installation are generally required to register their vehicles. This includes off-road vehicles and bicycles, which may be registered under a separate local system. Installation commanders have the authority to grant temporary or permanent registration.

The movement of military vehicles on public roads is a coordinated effort to ensure the safe and efficient transportation of equipment and personnel. The use of flatbeds, trains, and other modes of transport helps to minimize the impact on public infrastructure while adhering to relevant regulations.

Use of military for law enforcement

In the United States, the use of the military for civilian law enforcement is a rare occurrence, especially in the past half-century. The Posse Comitatus Act, passed in 1878, prohibits the use of federal troops in civilian law enforcement except when expressly authorized by law. The Act, which has been updated several times, most recently in 2021, applies to the Army, Air Force, Navy, Marine Corps, and Space Force. It does not cover the Army National Guard or Air National Guard under state authority, allowing them to act in a law enforcement capacity within their home state or an adjacent state if invited by the governor.

The Posse Comitatus Act is rooted in the belief that military interference in civilian affairs poses a threat to democracy and personal liberty. It was enacted in response to the military occupation of the former Confederate States by the US Army during the Reconstruction period following the American Civil War. The Act also reflects historical events such as the Boston Massacre, which demonstrated the dangers of deploying the military domestically.

Despite the Posse Comitatus Act, loopholes and exceptions exist that can allow for military involvement in law enforcement. The most notable exception is the Insurrection Act, which grants the President broad authority to deploy the military to suppress insurrections, enforce federal law, and protect civil rights within a state. In recent years, there have been instances where the Act has been circumvented, such as when President Trump deployed the DC National Guard to police protests in Washington, DC, in 2020.

Additionally, the US Coast Guard, which has federal law enforcement authority, is not included in the Posse Comitatus Act. The Department of Justice has also asserted that the DC Guard can operate in a "militia" status, exempting them from the Act's restrictions.

While the use of the military for law enforcement is limited by the Posse Comitatus Act, it is important to note that military vehicles and personnel are occasionally present on public roads and highways. This is typically for transportation purposes, with vehicles such as flatbeds, APCs, and covered transports being used to move equipment and troops between bases.

National Guard troops

The use of the military in domestic law enforcement is generally prohibited in the U.S. under the Posse Comitatus Act. However, there are exceptions to this Act that allow the President to deploy the military domestically under certain circumstances. For example, the Act allows the President to call upon military forces when state authorities are unable or unwilling to suppress violence that opposes citizens' constitutional rights.

While the President can deploy soldiers domestically, there are legal limits to what they can do. For example, the Insurrection Act restricts the use of troops mobilized under it from acting in excess of federal law, particularly in areas of authority entrusted to the states. Additionally, state legislatures can limit how their governor uses National Guard soldiers on state or hybrid duty by restricting the federally funded and authorized activities for which they may be volunteered.

The use of the military in domestic law enforcement is a sensitive issue in the U.S., and even legal deployments can have a psychological impact on Americans, potentially chilling the legitimate exercise of rights.

Active duty military members

Military law, also known as the Uniform Code of Military Justice, applies to all active-duty, reserve, and guard personnel. Active-duty members of the US armed forces are eligible for discretionary options, such as parole and deferred action, which are also available to their families. For example, military families on assignment in an area different from their permanent place of residence may be able to submit a request to the USCIS office with jurisdiction over their place of residence.

Active-duty military members who drive government vehicles or their own vehicles on military installations are granted a privilege by the installation commander. To accept this privilege, they must be lawfully licensed to operate motor vehicles and comply with laws and regulations governing motor vehicle operations on US military installations. They must also comply with registration requirements, which vary depending on the type of vehicle and the specific installation's policies.

In terms of military transport on public roads, it is common to see flatbeds and other equipment being moved between army bases. The US Army typically transports heavy vehicles, such as tanks, on flatbed trucks or trains to avoid damaging public roads. The Base Realignment and Closure Act of 2005 (BRAC 2005) aims to address the impact of base realignment and closure on local traffic and transportation infrastructure. This includes managing the increase in defense traffic when personnel from closed bases relocate or commute to open bases.

Additionally, the Defense Access Roads (DAR) program has funded projects to improve safety and access to military facilities. For example, the Army's Pohakuloa Training Area in Hawaii is only accessible via Saddle Road, which was originally built by the US military in 1942 and had safety deficiencies. The DAR program helped fund improvements to this road, making it safer and more accessible.

Military involvement in protests

In the United States, the use of the military to quell domestic protests has been a controversial issue. While the President has the authority to deploy the military to respond to protests that spiral out of control or become violent, it is considered a last resort. During the 2020 protests, President Trump's administration considered invoking the Insurrection Act to use the military to manage protests. This caused grave concerns among many, including former Secretary of Defense Jim Mattis and several retired senior generals who publicly voiced their opposition to using the military on domestic soil.

The involvement of the military in protests can have significant implications for civil liberties and the relationship between the military and the public. In the case of the 2020 protests, the deployment of National Guard soldiers and the increasing militarization of local police forces led to concerns about the militarization of domestic politics and the erosion of trust between the military and the communities they serve.

To regulate military involvement in protests, laws and directives are in place to outline the rights and restrictions of active-duty troops regarding political activities. For example, in the U.S., DoD Directives 1344.10 and 1325.06 provide guidance on political participation for troops, allowing them to join political parties but prohibiting leadership roles and active participation in extremist groups.

Historically, military involvement in protests has sometimes led to morale issues within the ranks and even resistance or mutiny. An example of this was the anti-war movement during the Vietnam War, which included active-duty members, veterans, and civilian peace activists. The opposition to the war extended beyond the protests to include draft resistance and the creation of anti-war newspapers by female soldiers serving in Vietnam.

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