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Does Trump have the authority to federalize the National Guard without a governor’s consent?
MSNBC· 2025-10-04 22:10
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]
Hegseth fails to name constitutional authority that lets Trump send Marines to L.A.
MSNBC· 2025-06-12 02:54
Legal Authority & Deployment - The administration deployed active duty Marines to California neighborhoods, citing constitutional authority to defend federal law enforcement, but specific constitutional or statutory authority was not immediately provided [1][2][3][4] - The President relied on section 12406 of title 10 regarding National Guard troops, but the specific authority for deploying active duty Marines remained unclear [3] - The Secretary of Defense was unable to immediately cite the legal authority for deploying active duty Marines [4] Political Context & Motivation - The deployment of Marines is perceived as a distraction from a bill that would terminate health insurance from 16 million people and nutrition assistance from millions more to pay for corporate tax breaks [5] - The deployment is attributed to a direct order from Donald Trump [5] - The action is viewed as a distraction tactic [5][6]