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 resides with state governors, as outlined in various legal statutes. However, under specific circumstances, the President of the United States can also deploy National Guard troops into federal service. According to 10 U.S. Code § 12406, the President may call into federal service members and units of the National Guard in situations such as repelling invasion, suppressing rebellion, or executing federal laws. This statute explicitly states that orders for these purposes should typically be issued through the governors, indicating that the governors retain primary control over the National Guard in most situations.

Moreover, the Department of Defense has issued directives that clarify the conditions under which the President can exercise this authority, particularly in response to threats against federal functions or property. This aligns with historical precedents where presidential deployment of the National Guard has occurred during civil unrest or national emergencies.

Analysis

The claim that governors typically hold the authority to call up the National Guard is supported by legal frameworks and historical practices. As noted in 10 U.S. Code § 12406, while the President has the power to federalize the National Guard, this is generally done in conjunction with or upon the request of the state governors. The law provides a clear delineation of authority, suggesting that the President's power is not absolute and is contingent upon specific circumstances.

The Brennan Center for Justice further explains that while the President or Secretary of Defense can request the deployment of National Guard troops, governors are not obligated to comply. This reinforces the notion that state authority is paramount unless a significant federal interest is at stake, such as during a rebellion or insurrection.

In recent events, such as the deployment of National Guard troops during protests related to immigration enforcement, the legality of presidential action has been challenged in courts. An appeals court ruling highlighted that the Trump administration's deployment of National Guard troops without California's consent was deemed illegal, emphasizing the necessity of state approval in most scenarios. This legal scrutiny underscores the checks and balances inherent in the system regarding the use of National Guard troops.

While the President can act in emergencies, the context and legality of such actions are often contested, as seen in the California case where the court ruled against the federal government's unilateral decision to deploy National Guard troops.

Conclusion

Verdict: True
The statement that the authority to call up the National Guard typically lies with governors, with limited circumstances allowing presidential deployment, is accurate. The legal framework supports the primacy of state governors in controlling the National Guard, while also allowing for federal intervention under specific conditions, such as rebellion or national emergencies. The analysis of recent legal cases further confirms this understanding, illustrating the balance of power between state and federal authorities.

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.