President Donald Trump has announced his intent to send National Guard troops to major cities across the United States in an effort to combat criminal activity.
In response, some government officials have alleged that he’s exceeding his legal authority by disregarding certain limits Congress placed on his ability to federalize the National Guard.
The resulting controversy has raised questions about the balance of power between state and federal governments.
Trump has already encountered legal battles over his attempts to federalize state National Guard troops, in part due to a law known as 10 U.S.C. § 12406. In that law, Congress set limits on presidents’ ability to federalize the National Guard—specifically requiring either an invasion, rebellion or danger of rebellion, or an inability by the president to execute the law with regular forces….
Legal Battles Over National Guard Deployments to 5 States—What to Know
