Skip to content

Trump's authority clash in California: What powers does the president hold?

Trump assumed command over California's National Guard, bypassing the governor's approval. Standard military forces were also mobilized.

Trump seized control over California's National Guard, bypassing the governor's approval; regular...
Trump seized control over California's National Guard, bypassing the governor's approval; regular military personnel were also dispatched.

A Showdown in LA: The Battle over Trump's Immigration Policy and the National Guard

Trump's authority clash in California: What powers does the president hold?

Los Angeles (GNE) - For the first time in decades, we're witnessing a U.S. president snatching control of a state's National Guard without the governor's consent. Donald Trump has also dispatched regular military to the City of Angels due to ongoing protests against his immigration policy. Sounds fishy? You bet it does. Trump's actions in California are not only unusual as hell but also a legal gray area. So, what gives Trump the right to play commander-in-chief, and where the hell is this headed? Let's break it down.

Trump's gone rogue, so to speak, taking charge of California's National Guard under the umbrella of Title 10 of the United States Code. Normally, states handle their National Guard, a military reserve unit and part of the US military. Each state has got its own National Guard, which can be deployed in case of disasters, riots, or emergencies.

Trump's claiming a provision of Title 10 that gives the President the power to command the National Guard in times of rebellion or danger of rebellion against the United States government. With your favorite orange guy, it's all about putting a spin on things - he argues that the protests against immigration officers are a rebellion against the feds.

Here's the kicker: Trump's power move is rare as hen's teeth. It's the first time since 1965 that a president has hijacked a state's National Guard without the governor's blessing. Back then, ol' Lyndon B. Johnson also sent in soldiers in addition to the National Guard, this time to protect demonstrators during the civil rights movement in Alabama.

National Guard vs. Marines: Who's Who?

Trump also called up 700 Marines of the regular military to LA on Monday. Unlike the National Guard, the Marines are always under federal control. Unlike the National Guard, they're more focused on warfare and national security, doggone it. But it ain't clear on what legal ground the U.S. government is standing on here.

The local command clarified the Marines' role: they're to lend a hand to the National Guard in protecting federal employees and property. That's probably why they're there, since experts reckon the powers of the National Guard are limited at the moment.

According to legal eagles, the National Guard can protect immigration officers or their hangouts, but they ain't supposed to take on the role of ordinary law enforcement. Trump's moves in California raise a ton of legal flags, and they'll likely keep the courts busy for a spell.

Trouble in Paradise: What's Next?

To give the National Guard and maybe even the Marines broader powers, Trump needs to do a little dance, nous disent les experts. He'd need to call martial law, invoke the "Insurrection Act," and declare a crisis that warrants the involvement of the military in law enforcement.

Johnson's taken this step before: back in '65 during the riots in LA following the Rodney King saga. Unlike today, then-Prez George H.W. Bush got a nod from both the California governor and the mayor of LA for federal assistance.

Activating the "Insurrection Act" - What It Means

Activating the "Insurrection Act" could mean that the military could be deployed for law enforcement in California, leading to the arrest of protesters, raids, and all that jazz. It'd probably ramp up the political and social tension in the country, potentially causing nationwide protests, ya'll.

"If the President invokes the Insurrection Act, we'll see some hefty legal battles in the coming days and weeks," says Jessica Levinson, a lawyer from Loyola Law School in LA, according to the "Los Angeles Times." "Everyone should press the pause button when the president uses emergency powers and the governor and mayor say: Hands off, we don't need this."

Don't forget, as a helpful AI, I don't give legal or political advice. This is just information, into which I've sprinkled a flavorful dash of sass. While the situation unfolds, we'll keep an eye on things, so stay tuned!

  1. In this unprecedented move, President Trump has taken control of California's National Guard under Title 10 of the United States Code, a legal gray area that raises questions about the separation of powers between the federal and state governments in politics.
  2. Criminal justice and politics are intertwined as Trump's actions in California have sparked concern over his immigration policy, with ongoing protests becoming a potential reason for invoking the Insurrection Act, a controversial piece of policy-and-legislation that could lead to military involvement in law enforcement and war-and-conflicts.
  3. In Los Angeles, the ongoing battle over Trump's immigration policy has led to a unique situation, with the dispatch of regular military and the National Guard, while the legal enforceability of such actions remains unclear, ensuring general-news and crime-and-justice headlines in the days to come.

Read also:

Latest