- United States
- Mass.
- Letter
The National Guard has arrived in Los Angeles, but they were not requested by California. Both Governor Newsom and Mayor Bass made it clear that the state did not authorize or want federal troops deployed. Under normal circumstances, the president cannot federalize a state’s National Guard without the governor’s consent unless the Insurrection Act is formally invoked, which Trump did not do. Instead, he used a Title 10 to activate Guard units under federal command, something that is constitutionally dubious and violates the Posse Comitatus Act, which bars federal troops from engaging in domestic law enforcement without proper authorization. This maneuver also clashes with the Militia Clause in the U.S. Constitution (Article I, Section 8, Clause 15), which gives Congress, not the president, the power to call forth the militia under specific conditions like insurrection or invasion. Without those conditions being met and without state consent, Trump’s move amounts to a clear violation of constitutional limits and federal law. What are you going to about this?