President Trump’s plan to use National Guard troops in cities like Los Angeles, Portland, and Chicago has raised questions about presidential power. Some disagree with this move, while others believe it’s needed to keep order.
A California judge said that sending 4,000 National Guard members and 700 Marines to Los Angeles earlier this year went against the rules. In Oregon, a judge stopped the government from using federal troops to protect federal property. Chicago and Illinois have taken legal action to try to get a similar order. Texas National Guard troops have been sent to Chicago.
Here’s a look at when the National Guard can be used and if President Trump’s actions are legal.
When Can a President Use the National Guard?
Usually, governors control the National Guard and can use them for things like hurricanes or wildfires. But, the President can take control of the National Guard if the U.S. is invaded, if there’s a rebellion, or if the President can’t enforce the laws with regular forces.
President Trump says these conditions are happening in cities with high crime and protests. But some judges disagree and think he’s using too much power. Illinois’ governor is also against having Guard troops there.
What Do the Courts Say?
The question is whether the President gets to decide if there’s a rebellion or if laws can’t be enforced without the Guard.
One law professor said that these conditions must truly exist.
In the Los Angeles case, a court said that while the President’s decision should be respected, courts can still check to make sure it’s reasonable.
In Oregon, a judge said that the protests, which usually involve a small number of people, didn’t justify using federal troops.
The government argues that courts shouldn’t question the President’s decisions. They say the protests in Portland have put a strain on Homeland Security, proving they can’t protect property with regular forces.
Past Use of the National Guard
Presidents have used the National Guard before, like during the Civil Rights Movement to enforce court orders. President Eisenhower used them in 1957 to help Black students enter a school in Little Rock.
In 1965, President Johnson used the Alabama National Guard to protect civil rights marchers. That was the last time a president used the Guard against a governor’s wishes.
Presidents have also used the Guard when governors asked for help, like during riots in Detroit in 1967 and Los Angeles in 1992.
Can the National Guard Enforce Laws?
Usually, the National Guard can’t enforce laws under the President’s command. A law from 1878, called the Posse Comitatus Act, says the military can’t be used for domestic policing.
A judge in California said that President Trump’s use of the Guard in Los Angeles went against this law.
Those against the deployments say they can enforce laws themselves and don’t need federal help. They say police, not military troops, are trained to protect rights, make arrests, and control crowds.
There’s one exception: the Insurrection Act. This law allows the President to use military forces to stop a rebellion or enforce the law. Presidents Eisenhower, Kennedy, and Johnson used this act during the Civil Rights Movement, and President Bush used it during the LA riots.
President Trump has said he might use this act.
What Does the National Guard Do?
The National Guard has many part-time troops who often have other jobs. They train one weekend a month and for two weeks each year. They can be sent overseas for combat or missions like building schools, or used in the U.S. for disasters or unrest.
The National Guard started in 1636. The Constitution’s writers wanted to keep militias under state control because they didn’t want a strong army controlled by the President. Congress decides when the President can use them.
