The president’s power to deploy troops domestically: an explainer
By Kelsey Dallas
Updated on Oct. 28 at 9:16 p.m.
Since June, President Donald Trump has ordered several #NationalGuard deployments within the United States, often against the wishes of the Democratic governors of the states where troops are being sent. The resulting legal battles have put a spotlight on the president’s authority to federalize troops and use them domestically. How far, exactly, does this power extend?
"Overview:
This document explores President Trump's authority to deploy National Guard troops domestically, highlighting legal frameworks, recent deployments, and ongoing court challenges.
Presidential Authority and Legal Framework
- The Constitution grants Congress the power to call forth the militia, while the president commands troops under Article II.
- The Militia Act of 1792 allows the president to call troops for domestic insurrections or to enforce U.S. laws.
- Trump has invoked 10 U.S.C. § 12406, which permits federalizing National Guard troops to address foreign invasions, rebellions, or law enforcement needs.
- Legal challenges focus on whether conditions in cities like Los Angeles, Portland, and Chicago meet the criteria for federal troop deployment.
Recent Deployments and Legal Challenges
- Trump has deployed National Guard troops to cities with Democratic governors, citing rising crime rates and the need for federal law enforcement support.
- Legal disputes have arisen, particularly in Chicago, where a judge ruled the deployment unnecessary, and similar rulings occurred in Los Angeles and Portland.
- The 9th Circuit Court has paused lower court orders blocking deployments, emphasizing deference to presidential authority in determining troop necessity.
Key Legal Cases and Acts
- Martin v. Mott (1827) established that a president's decision to call up militia cannot be questioned, though interpretations vary today regarding judicial review.
- The Posse Comitatus Act (1878) limits military involvement in domestic law enforcement, which has been a point of contention in recent deployments.
- The Insurrection Act allows broader presidential authority to deploy troops without the limitations of the Posse Comitatus Act, enabling action when law enforcement is impracticable.
Future Implications
- Trump has suggested he may invoke the Insurrection Act if other legal avenues fail.
- The Supreme Court's upcoming ruling on the Chicago deployment could clarify the extent of presidential power under Section 12406 and its implications for future troop deployments."
Full article:
https://www.scotusblog.com/2025/10/the-presidents-power-to-deploy-troops-domestically-an-explainer/
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