In a significant move not seen in more than sixty years, a U.S. president has deployed the National Guard to a state without obtaining the state's prior approval, reigniting enduring disputes over federal power.
The decision by President Donald Trump to deploy 2,000 California National Guard troops to Los Angeles has ignited a wave of political and legal controversy, with state leaders contending that the order is both unconstitutional and perilous.
The deployment, authorized by Section 12406 of Title 10 of the U.S. Code, empowers the president to federalize the Guard during times of rebellion or when federal law cannot be upheld through standard procedures. In a departure from previous occurrences, Trump refrained from invoking the Insurrection Act, a measure that typically permits such federal intervention.
California Governor Gavin Newsom expressed strong opposition to the action, labeling it a “serious breach of state sovereignty.”
“There was no issue until Trump entered the picture,” Newsom stated in a public letter addressed to Defense Secretary Pete Hegseth. “Revoke the directive.” “Restore authority to California.” He subsequently initiated legal action contesting the federal deployment.
The action follows escalating demonstrations in Los Angeles regarding the immigration policies of the Trump administration and the recent ICE operations. Some analysts argue that the federal deployment has heightened tensions instead of alleviating them.
California Attorney General Rob Bonta has charged the Trump administration with creating turmoil for its own political advantage. “There is no uprising,” he stated. “This represents an unauthorized expansion of authority.”
Los Angeles Mayor Karen Bass expressed her apprehension. “This does not reflect widespread turmoil across the city.” “It’s a few blocks downtown,” she informed CNN, noting that local law enforcement is tackling the issue of vandalism.
Trump's choice is atypical yet not without precedent. Past leaders, such as Dwight Eisenhower, John F. Kennedy, and Lyndon Johnson, took action by federalizing the Guard during civil rights emergencies to ensure desegregation and safeguard demonstrators. In a notable instance, George H.W. Bush granted authorization to the Guard in 1992 to manage riots in Los Angeles following the Rodney King verdict, but this was contingent upon a request from the governor.
The present deployment varies in both its scope and legal standing. The Guard's capabilities are limited to providing logistical support, as they cannot engage in law enforcement activities, such as arrests or raids, without the invocation of the Insurrection Act.
The disagreement highlights a persistent constitutional matter: the equilibrium of authority between state independence and federal oversight during domestic emergencies.
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