One of the basic foundations of democratic civil-military relations is that the active duty military is organised and trained to fight and defeat foreign enemies in combat–that is, by using organised lethal force until the enemy is defeated. Domestic security is a matter of national/federal, state and local law enforcement. Their training and organization is in ensuring via non-combat means civilian adherence to the rule of law. Although use of lethal force is one component of domestic law enforcement, it is constrained by legal and social frameworks in a way that military combat lethality is not (and even then the military is supposed to adhere to the Laws of War, both in terms of jus ad bellum (reasons for going to war) and jus in bello (conduct in war)). Domestic security is about keeping the peace and maintaining control of civilian populations; external security is about prevailing over armed adversaries of the State.
Domestic and external security represent the Janus faces of what Althusser and others labeled the repressive state apparatuses (RSAs). Both internal and externally-focused repressive apparatuses are wrapped around an inner core of ideology, usually framed as patriotism, nationalism and selfless sacrifice (for external agencies) and community service, protection and duty of care (for internal agencies).T here are elements and agencies other than the military and uniformed constabulary services in the RSAs, including such things as paramilitary units and criminal courts, that involve several shades of grey when it comes to repressive focus. The US is an exemplar in this regard, what with its proliferation of security agencies and militarization of local police forces, but the principle of separation between domestic and external repression has long been considered sacrosanct in US civil-military relations. So much so that the 1878 Posse Comitatus Act (18 U.S.C. 1385) specifically prohibits the use of active duty troops for domestic security purposes unless authorized by Congress.
In the US reserve military units such as the National Guard are called upon during periods of serious security crisis as a backup to local law enforcement. This usually happens at the orders of the State government but can happen by order of the president in extenuating circumstances. In the majority of cases they do not carry combat weaponry, instead deploying non-lethal tools appropriate for their law enforcement support roles (say, tear gas for crowd control).
Both reserve and active duty military can and are used for natural disaster and humanitarian relief, but they do not carry live weapons when doing so. Their assistance is focused on provision of critical goods and services to affected communities, not enforcing security.
While Trump appears to be within his authority to order the California National Guard into Los Angeles for law enforcement purposes, “federalising” what should normally be the Governor’s decision, and may even have authority to order other state’s National Guard units to join the forces gathered in LA (there is debate on this), his ordering of a US Marine infantry brigade into LA is an egregious assault on the separation of internal and external security functions under democratic conditions and a major erosion of a core tenet of US civil-military relations. The Marines are trained and organised to seek out and destroy the enemy, not practice crowd control. Their entire orientation is towards prevailing in lethal combat, not convincing rowdy crowds engaging in protest and dissidence to go home.
Perhaps the deployment of Marines is an intimidation tactic and they will not be carrying combat weapons or live ammunition. But if they are, we are now facing the real prospect of US soldiers killing US citizens and residents on home soil.
Years ago I shared space with the Haiti Task Force in the Office of the Secretary of Defense. I heard them discussing sending in Marines to quell anti-American violence in Port-au-Prince (there is a history of US Marines in Haiti). I chimed in from the sidelines that I thought it was a bad idea to use combat troops to engage in what was supposed to be civilian peace enforcement operations. The US has military police and paramilitary units like the US Marshalls and Border Patrol (and now ICE!) who train in those sort of things. I was ignored by my colleagues and a brigade of Marines were ordered and deployed to enforce the peace. When confronted by a rock-throwing mob they opened fire, killing over 100 people. The streets did in fact go quiet.
I asked the head of the Haiti Task Force why they chose that option when there were others available. He simply said that the people to be confronted where foreigners on foreign soil, so it was permissible to use combat troops for crowd control under those circumstances. In fact, today US private military contractors have been engaged to do exactly the same thing in Haiti given the breakdown in law and order there. It seems like in Haiti history repeats, but in different garb.
More importantly, deployment of Marines to LA is not a case of lethally confronting foreigners on foreign soil. For all the talk of “illegal aliens” and “invasion,” the protesters are on US soil exercising their right to peacefully protest and dissent. Those who act violently certainly can be handled by local law enforcement without the resort to combat-oriented troops whose missions primarily involved killing people abroad.
This is more than authoritarian-minded over-reach by a fear-mongering president. It is what a democracy’s slide into dictatorship looks like.
There have been public notices by protest leaders to sit down, in the event of pro-Trump infiltrators attempting to splash fuel on the fire. All going according to plan, the more the protesters passively resist, the greater it’ll look like an illicit military occupation.