A Clash of Power: Trump Deploys National Guard and Marines Amid Protests in Los Angeles
Stunned outrage follows unprecedented tactic taken by Donald Trump
The City of Angels is facing unrest as Donald Trump orchestrates a historic move by sending 4000 National Guard members and 700 Marines to the West Coast metropolis, against the wishes of Governor Gavin Newsom.
Since the weekend, National Guard troops have confronted angry protesters and looters in Los Angeles. Their actions are largely directed at the US immigration agency ICE, with some demonstrators resorting to excessive measures such as setting cars alight and looting stores.
But what exactly is the National Guard? In essence, it's a military reserve unit, traceable back to the colonial era and closely linked to the US military, although it's not officially part of the regular forces. They usually assist in disaster relief efforts like storms or wildfires. While they can be deployed to quell violent protests, their powers are limited compared to the police and regular military.
Each US state has its own National Guard, Texas, Delaware, and territories like Puerto Rico and Guam all have the reserve unit. However, there's no overarching federal unit. There are approximately 430,000 members in the National Guard across all states, as per the latest count (2023), making it smaller than the regular US Army.
The governor of the respective state commands the National Guard, except in Washington, D.C., where the American president holds the final say. If the US is at war, the president can seize command authority over the National Guard, nationwide.
Trump's move has drawn criticism from the Democrats and Governor Newsom, who believe his decision to deploy the National Guard is an overreaction. They argue that the partly violent demonstrations in Los Angeles are a matter for the police, not a national emergency. California is considering filing a lawsuit, claiming that Trump is overstepping his authority and violating the U.S. Constitution.
Political scientist Thomas Jäger believes that Trump sees this as another tool in his arsenal of authoritarian rule. He alleges that Trump has always wanted to use the military in the United States, a desire that was thwarted during his first term. Now, with a team supportive of this decision, Trump is capitalizing on the opportunity to use National Guard troops in the country and set an example.
The only comparable situation in American history was in 1965 when U.S. President Lyndon B. Johnson sent National Guard troops to Alabama to protect demonstrations by civil rights activists against racial segregation.
As Trump deploys Marines in Los Angeles, political analysts speculate about his next move. There are concerns that he may invoke the Insurrection Act, which would further escalate the dispute between the president and the state of California. Use of the act allows the President to deploy active-duty troops, like Marines, without a state's consent under specific circumstances such as rebellion or obstruction of federal laws. Historically, this has been rare and typically requires a significant justification.
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The U.S. National Guard and Marines have specific powers and duties, outlined primarily under Title 10 of the U.S. Code and relevant laws. Key aspects include:
- Title 10 §12406: grants the President authority to call the National Guard into federal service to repel invasions, suppress rebellions, or execute federal laws when regular forces are insufficient. Orders are typically issued through state governors.
- Deployment: The National Guard can be deployed domestically under specific conditions to support federal law enforcement, protect federal personnel and property, and maintain order.
- U.S. Marines: are part of the active-duty military and generally fall under the Posse Comitatus Act, restricting their use in domestic law enforcement roles. Exceptions exist, notably:
- Insurrection Act: allows the President to deploy active-duty troops, including Marines, without state consent in specific circumstances such as rebellion or obstruction of federal laws.
- Deployment in Exceptional Circumstances: the President can deploy Marines in extraordinary circumstances when there's a clear federal interest or threat to national security, albeit rarely.
- Deployment Against Governors' Wishes: deploying the National Guard or Marines against a governor's wishes requires the President to demonstrate a compelling federal interest or threat. The legality of this action is complex and nuanced based on the specific circumstances and legal framework being invoked.
I'm not going to be a part of this power struggle, but it's crucial to note that California's Governor Gavin Newsom has expressed opposition to Donald Trump's decision to deploy the National Guard and Marines in Los Angeles. Despite the president's authority to call the National Guard into federal service in specific instances, such as suppressing rebellions or executing federal laws (Title 10 §12406), this deployment against the governor's wishes raises questions about the legality and needed justification.
