A Step Beyond Delegation: Exploring Trump's Move to Command California's National Guard
Informal, conversational version of the base article
President Trump orders military deployment in California, stirring speculation about potential subsequent actions.
Holy smokes, folks! For the first time in a hot minute, a U.S. president has taken the reins of a state's National Guard without the governor's approval. Yep, you heard that right – Donald Trump is flexing his presidential muscles, taking command of California's National Guard over the ongoing protests against his immigration policy. And let me tell you, this move is causing quite a stir!
So, what's the deal with the legal aspect of it?
Trump's using Title 10 of the United States Code to take charge. Normally, states are in control of their National Guard, which is a military reserve unit that's part of the U.S. armed forces. But this Title 10 provision allows the president to seize command in times of "rebellion or danger of rebellion against the authority of the government of the United States." Trump claims the protests against immigration officials fit that bill.
Wait, what rights do the National Guard and Marine Corps have?
Trump's also got 700 Marine Corps troops marching into L.A. Now, unlike the National Guard, the Marine Corps is always under federal control and focuses primarily on warfare and national security. As for the National Guard's authorities, they can protect immigration officials or facilities, but they can't engage in normal law enforcement duties like arrests or raids, according to Stephen Vladeck, a lawyer at Georgetown University in Washington, D.C.
What's the potential next move?
If Trump wants to give the National Guard and maybe even the Marine Corps broader powers, he'd have to declare a sort of martial law and activate the "Insurrection Act" – a law that allows the president to deploy the military inside the U.S. and help with law enforcement to restore order, a step not usually permitted in the U.S. President Johnson took this route way back in 1965.
Insights
- The "Insurrection Act" was last invoked in 1992 during massive riots in Los Angeles following the brutal police beating of Rodney King.
- The deployment of federal troops without invoking the Insurrection Act raises questions regarding military involvement in law enforcement and potential state sovereignty issues.
- If Trumpactivates the Insurrection Act, major legal battles could ensue over whether its sweeping powers can be applied under the current circumstances.
- The ongoing protests against immigration policy in California, which Donald Trump is addressing by commanding the National Guard, have also led to the deployment of 700 Marines Corps troops in Los Angeles, adding to the war-and-conflicts and crime-and-justice discussion within general-news.
- As Trump considers broadening the powers of the National Guard and potentially the Marine Corps, he may invoke the "Insurrection Act," a dated law last used in 1992 during the Los Angeles riots, stirring debates over military involvement in law enforcement and potential state sovereignty issues in the context of politics.
