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, who can activate these troops for state emergencies. However, the president has specific legal powers to deploy the National Guard under certain conditions. According to the Department of Defense, the president can call National Guard members into federal service under Title 10 of the U.S. Code, particularly in situations deemed as "rebellion" or when federal laws are being obstructed. This was notably referenced in a memorandum issued by former President Donald Trump, where he invoked this authority to protect federal personnel and property during civil unrest related to immigration enforcement.

Additionally, a recent court ruling highlighted that the president's power to deploy National Guard troops without a governor's request is limited and has not been exercised in over 50 years, emphasizing the legal complexities surrounding such actions.

Analysis

The claim that governors typically have the authority to call up the National Guard is accurate and supported by historical precedent. Governors often activate the National Guard for various state-level emergencies, such as natural disasters or civil disturbances. However, the president's ability to deploy the National Guard is also well-established, particularly in scenarios where federal law enforcement is impeded.

The legal framework governing this authority is outlined in Title 10 U.S.C. § 12406, which allows the president to call forth the National Guard to suppress insurrections or execute federal laws. The Brennan Center for Justice explains that while the president can request governors to deploy their National Guard units, governors are not obligated to comply. This indicates a system of checks and balances designed to prevent misuse of military power.

In the context of Trump's actions during the protests in Los Angeles, the legality of his deployment was challenged in court. A federal judge ruled that Trump's deployment was illegal, emphasizing that the president does not have unilateral authority over the National Guard without state consent, except under specific circumstances defined by law (BBC). This legal backdrop reinforces the notion that while the president can deploy the National Guard, such actions are constrained by legal and constitutional limits.

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 evidence indicates that while governors generally control the National Guard, the president does have the authority to deploy these troops under specific legal conditions, particularly in response to federal law enforcement needs or insurrections. However, this authority is not absolute and is subject to judicial review and interpretation.

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.