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Noah Feldman, Columnist

Trump Is Exceeding His Constitutional Powers in Oregon

There are limits to how the executive branch can deploy federal agents.

A federal officer pepper sprays a protester in Portland, Oregon. 

Photographer: Nathan Howard/Getty Images

Having sent officers from the Department of Homeland Security to Portland, Oregon, President Donald Trump is now saying that he will send more federal agents to other U.S. cities to fight crime. His actions, already heavily criticized by elected officials in Oregon, raise serious constitutional questions. How and when may the president deploy armed federal officers across the country? What are the limits? And, what if anything, can states or citizens do about it?

The president, as head of the executive branch, has the constitutional duty and authority to “take care” that the laws of the United States are faithfully executed. This includes sending federal officers to protect federal property and enforce federal law.