Can Trump Legally Send the National Guard to U.S. States? All Your Questions Answered

President Donald Trump’s second term has been all about bucking tradition and polarizing the nation. This is not more evident than in his insistence in sending in the National Guard to American cities while downplaying opposing court decisions.

First, Trump dropped Guard troops in Los Angeles following anti-ICE protests, as we previously reported. Next, he sent the Guard to the nation’s capital of Washington, D.C. to combat alleged “high crime.” Although he’s working on bringing troops to Chicago, Portland and San Francisco, among others, several judges have blocked Trump’s orders.

Still, the president isn’t backing down, which raises some very interesting questions: To what extent does the president have control over the Guard? Are Trump’s recent actions legal? And what does the courts defiance ultimately mean?

What Does the Law Say?

The National Guard was formed centuries before the U.S. Constitution was conceived. The Constitution doesn’t explicitly give instructions on how the government should handle this military branch — and many fear the president is using this grey area to his advantage.

“The American people, regardless of where they reside, should not live under the threat of occupation by the United States military, particularly not simply because their city or state leadership has fallen out of a president’s favor,” the Illinois attorney general’s office wrote in a lawsuit against the Trump administration.

Laws like the Posse Comitatus Act restricts the use of the military as law enforcement purposes, according to the Brennan Center for Justice. But even this rule has certain exceptions. Until this point in history, very few presidents have ever dared to defy the precedents set by legal normalities.

Precedent vs. Protocol

America has a long-standing history of rebelling against leaders exerting “too much” power. Ask British King George III, who famously inspired the Declaration of Independence. That’s why statutes like presidential term limits and checks and balance were set in order to keep Americans safe from unwanted dictatorships… Enter President Trump.

Typically, the process to send in the Guard would require approval from the state governor and city mayor. Trump, however, has been overstepping.

When the executive power breeches protocol, that’s where the courts step in. So far, Trump has been sued by Washington, D.C., Los Angeles and the state of Illinois, with more lawsuits pending. But Trump’s second term has proven he doesn’t always follow court orders.

The president was threatened with contempt of court over allegations he defied court orders this year, NBC News reported. However, this hasn’t slowed him down from acting on his self-proclaimed immigration mandate…or, in this case, sending in the Guard.

What Can Trump Do Now?

If Trump doesn’t get his way in court, a last resort option is declaring the Insurrection Act of 1807 — also known as martial law. President Thomas Jefferson signed the law to give the executive branch authority to send in troops to handle extreme civil unrest or natural disasters, according to Cornell Law School. No modern-day president has declared martial law… not even Trump during his first term. As the only president in recent history to be accused of forming an authoritarian administration, Trump certainly hasn’t quelled suspicion that he’s weaponizing the Guard to enact martial law. Now, only the courts have any level of control over his actions.

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