Fact Check: Typically the authority to call up the National Guard lies with governors, but there are limited circumstances under which the president can deploy those troops.

Fact Check: "Typically the authority to call up the National Guard lies with governors, but there are limited circumstances under which the president can deploy those troops."

What We Know

The authority to call up the National Guard primarily rests with state governors. However, under specific circumstances, the President of the United States can deploy National Guard troops without the consent of the governors. This is outlined in Title 10 of the U.S. Code, specifically under 10 U.S.C. § 12406, which allows the President to call into federal service members of the National Guard to suppress insurrections or to execute the laws of the United States.

In recent events, President Trump invoked this authority in response to protests linked to immigration enforcement, stating that the deployment was necessary to protect federal personnel and property amid threats of violence (Department of Defense Security for the Protection). This marked a significant instance where a President exercised such power without a governor's request, a practice that has not been common for over 50 years (Appeals court temporarily allows Trump to keep National Guard in LA).

Analysis

The claim accurately reflects the legal framework governing the deployment of National Guard troops. Typically, governors have the authority to activate their state's National Guard, particularly for emergencies like natural disasters. However, the President can override this in cases of national emergency or insurrection, as specified in federal law (The President's Power to Call Out the National Guard Is Not a Blank Check).

In the case of President Trump's deployment of the National Guard to Los Angeles, the administration argued that the situation constituted a "rebellion," justifying federal intervention. However, this interpretation was contested in court, where a federal judge ruled that the deployment was illegal and required the return of control to the state governor, highlighting the legal complexities surrounding such actions (Appeals court temporarily allows Trump to keep National Guard in LA). The judge emphasized that while the President has certain powers, they are not absolute and must align with constitutional provisions (Appeals court temporarily blocks judge's ruling to return control).

The sources used in this analysis are credible, with the Department of Defense memorandum being an official document and the court rulings coming from established judicial processes. However, the political context surrounding these events may introduce bias, particularly in media reporting.

Conclusion

The claim that "typically the authority to call up the National Guard lies with governors, but there are limited circumstances under which the president can deploy those troops" is True. The legal framework supports this assertion, as governors generally control the National Guard, while the President has specific powers to deploy them under certain conditions, such as insurrections or national emergencies.

Fact Check: Typically the authority to call up the National Guard lies with governors, but there are limited circumstances under which the president can deploy those troops.