Federal Forces & Elections: Legal Boundaries, Open Questions
A defining principle of American democracy is the limited use of the U.S. military for domestic law enforcement. Since the nation’s founding, Congress has placed legal constraints on deploying troops at home to guard against the abuse of executive power.
That framework is now being tested. National Guard units, Department of Homeland Security personnel, and ICE agents have been deployed in American cities, and the President has raised the possibility of invoking the Insurrection Act of 1807. As the midterms approach, the question has sharpened around the 2026 election.
This is not a prediction, and it is not a call for alarm. It is a briefing on a possibility worth understanding — where the legal guardrails lie, what proper use of the military looks like versus overreach, and what any of it would mean for companies, workforces, and the economy.
Join us on September 15 to understand:
- The legal framework for the domestic use of the military, and the conditions under which the Insurrection Act could be invoked
- The distinct roles of the Army, the National Guard, and DHS/ICE — and where the guardrails lie
- The practical impact on your business, workforce, and local economy
- What a deployment or invocation could mean in and around the 2026 election
SPEAKERS:
- Elizabeth (Liza) Goitein, Senior Director, Liberty & National Security Program, Brennan Center for Justice
- Dan Schwartz, Senior Legal Advisor, National Security Leaders for America
- Audrey Roofeh, Executive Director, Integrity Matters
PRESENTED BY:
BRTAT — The Business Response to Authoritarian Threats
PROMOTED IN PARTNERSHIP WITH:


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