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Episode 5: Posse Comitatus: Trump, Troops, and the Limits of Presidential Power

Author
The Civitas Institute at the University of Texas at Austin
Published
Wed 03 Sep 2025
Episode Link
https://www.spreaker.com/episode/episode-5-posse-comitatus-trump-troops-and-the-limits-of-presidential-power--67620017

Richard Epstein analyzes Justice Breyer’s ruling on Trump’s use of federal troops in Los Angeles. They explore the Posse Comitatus Act, the limits of presidential emergency powers, and why the courts often avoid tough factual questions—raising big issues about federal vs. state authority and executive overreach.

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