Legal & Constitutional Issues - The legality of federalizing National Guard troops against a governor's wishes is being challenged in courts, similar to cases in Portland, Oregon, Los Angeles, and Washington DC [2][3] - The Posse Comitatus Act generally prohibits the military from participating in domestic law enforcement [3] - Courts have tended to indicate that the president may be exceeding his power when deploying the National Guard against the governor's wishes [9] - The President's authority to issue proclamations is limited by potential court intervention [10] ICE Enforcement & Authority - ICE (Immigration and Customs Enforcement) has a federal law enforcement mission but is constrained by laws prohibiting excessive force and internal policies requiring probable cause for arrests [5][6] - Concerns exist regarding ICE exceeding its legal authority, potentially encouraged by current leadership [7] - Typically, ICE agents consult with prosecutors and obtain arrest warrants before making arrests [7] Federal vs State Authority - Parallel law enforcement duties exist between federal and state agencies, allowing them to work together [8] - Deploying the National Guard against a governor's wishes creates a different environment compared to typical federal-state law enforcement cooperation [9]
Does Trump have the authority to federalize the National Guard without a governor’s consent?
MSNBC·2025-10-04 22:10