Deployment of the National Guard within a state is at the discretion of that state's governor. DC is the only place the president has jurisdiction in this scenario.
> Deployment of the National Guard within a state is at the discretion of that state's governor.
Legally, there are exceptions to that (primarily the Insurrection Act, though there are some deployments that are permitted within states on federal authority on other legal bases with tightly-constrained functions), and practically, the legal limits don't matter because response time off the courts is to slow for them to act as a meaningful brake. (E.g., the lawsuit filed the first court day after the order to mobilize the guard for LA just reached the trial stage this week.)
... except this president federalized and deployed the national guard in California only earlier this summer, over the objections of the state's governor, so is that rule still a rule?
He was able to provide a justification, however thin, which he presumably can't in the case of St Louis. Not that I disagree with the general sentiment. He's only doing this as a political stunt and St Louis wouldn't serve that purpose as well even if he could somehow swing it legally.
There's exceptions to general rule, the national guard is ultimately a state-federal entity and the President can activate them to enforce federal law. Laws on this go all the way back to 1807. They've been federalized by Eisenhower, Kennedy, Johnson, and Nixon without consent of the associated Governor.
yareally|6 months ago
https://apnews.com/article/national-guard-los-angeles-immigr...
ceejayoz|6 months ago
It's now winding its way through the appeals process.
dragonwriter|6 months ago
Legally, there are exceptions to that (primarily the Insurrection Act, though there are some deployments that are permitted within states on federal authority on other legal bases with tightly-constrained functions), and practically, the legal limits don't matter because response time off the courts is to slow for them to act as a meaningful brake. (E.g., the lawsuit filed the first court day after the order to mobilize the guard for LA just reached the trial stage this week.)
abeppu|6 months ago
fc417fc802|6 months ago
chrisco255|6 months ago