Authoritarian Drift: Rachel Barkow on the Rise of Militarized Policing in America
JUDJ-Prepared Summary from June 12, 2025 | Justice Abandoned: What Happens When the Supreme Court, the Constitution and the Rule of Law Are Ignored? The views and opinions expressed in this blog are those of the speaker.
In a recent America at a Crossroads discussion, NYU law professor Rachel Barkow sounded the alarm on the expanding use of presidential emergency powers and the growing normalization of military presence in domestic policing. As a leading expert in both constitutional and criminal law, Barkow brought a deeply informed perspective to the troubling legal and political trends unfolding across the United States. Speaking with veteran journalist Warren Olney, she laid out a compelling case for why Americans should be concerned—not only about the legality of recent actions by the Trump administration, but also about the long-term consequences for democracy.
A Constitutional Crisis in the Making
At the heart of the conversation was President Trump’s recent federalization of 4,000 National Guard troops to assist with immigration enforcement in Los Angeles. California Governor Gavin Newsom has pushed back, arguing that the deployment violates his authority under federal law. While the courts may ultimately side with the president, Barkow emphasized that the deeper issue is not simply legal—it’s constitutional. The use of the military in civilian law enforcement, she argued, breaks from America’s foundational principle that the armed forces should not police its own citizens.
The Legal Loopholes of Emergency Power
Barkow explained that while the Posse Comitatus Act prohibits military involvement in domestic law enforcement, several statutory exceptions exist. Most notably, the Insurrection Act gives the president sweeping authority to deploy the military in response to “rebellion” or other threats. Although Trump invoked a narrower provision in this instance—one that technically requires a governor’s approval—Barkow noted that he could easily have used the Insurrection Act instead. The courts, she said, have shown little interest in second-guessing a president’s determination of what constitutes an emergency.
Normalizing the Unthinkable
Perhaps most chilling was Barkow’s warning that Trump’s actions are part of a broader strategy to desensitize the public to military presence on American streets. By invoking emergency powers in situations that do not clearly warrant them, and by escalating rhetoric around crime and disorder, the administration may be trying to shift the boundaries of what Americans consider “normal.” Barkow compared the use of federal troops and potential military parades to tactics employed by authoritarian regimes—moves meant not to maintain order, but to project power.
Judicial Deference and the Limits of Legal Remedies
Even if lawsuits are filed challenging the deployment, Barkow argued that courts are unlikely to intervene. Historically, courts have deferred to the executive branch on matters of national security and emergency response. This means the ultimate check on such actions may not be legal, but political. “The courts won’t save us,” she cautioned. “It’s up to the people to fight for these rights and make sure that they get protected.”
The Power of Civic Pushback
Barkow concluded with a call for public resistance—not through violence, but through civic engagement. Peaceful protest, voting, and institutional advocacy remain powerful tools in the face of creeping authoritarianism. She pointed to law firms and organizations already standing up to unconstitutional executive orders as models of courage. “Courage is contagious,” she said. “If we all do our part, there’s still time to protect the values that define this country.”
As the nation grapples with rapidly shifting norms around law enforcement, civil rights, and the role of government, Barkow’s message is both a warning and a roadmap: vigilance, dissent, and democratic participation are more essential than ever.
About America at a Crossroads
Since April 2020, America at a Crossroads has produced weekly virtual programs on topics related to the preservation of our democracy, voting rights, freedom of the press, and a wide array of civil rights, including abortion rights, free speech, and free press. America at a Crossroads is a project of Jews United for Democracy & Justice.