Loophole in law governing American military use on U.S. soil raises concerns

Has this "loophole" been used before??

So I read the NG and AD under this proposal can not conduct police action without the authorization of the constitution or act of Congress. Am I missing something?

like many of our laws we run into conflicts between several different ones written at different times for special purposes, and the use of them is left up to who is in charge at the moment