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Trump, Donald

Trump's National Guard Deployment Plans: A Legal Grey Area

Strategic Insights

— 2 min read

President Trump's proposal to deploy National Guard troops to cities across the country has raised concerns about his authority to do so without the consent of local governors. The latest development involves a message sent to Illinois Governor JB Pritzker, begging him to request the deployment of troops. However, Pritzker has declined, stating that the president is trying to pressure him into doing something he doesn't want. The legal implications of such deployments are complex, with experts arguing that the president's power to send troops without a governor's consent is limited. In this conversation, Professor Stephen Vladeck from Georgetown University breaks down the potential legal avenues for the president to deploy troops and what this means for the country.

Key Takeaways:

  • The president's proposal to deploy National Guard troops to cities without the consent of local governors is a legally grey area, with experts arguing that his authority is limited.
  • If the president were to send troops without a governor's consent, it could potentially invoke the Insurrection Act, a statute that allows for federal intervention in states where there is a lawless or disorderly situation.
  • However, this would require a formal declaration of an insurrection or rebellion, which is a high burden for the president to meet.
  • Governor Pritzker's refusal to request the deployment of troops highlights the complex dynamics between the federal government and state authorities in matters of national security.
  • The conversation suggests that the president's plan is more of a public relations stunt than a genuine attempt to address real security concerns.
  • If the president decides to send un-federalized National Guard troops from one state into another without that state's consent, it will likely end up in the Supreme Court, where the justices will have to weigh in on the constitutionality of such deployments.

Statistics:

  • The president has used the Insurrection Act fourteen times since 1807, including during the Lincoln assassination, the Dock Strike of 1890, and the Rodney King riots in 1992.
  • However, it's worth noting that the Act was amended in 1957 to provide for stricter requirements before the president can invoke it.
  • In 2020, the president relied on friendly governors to send troops to Washington, D.C. during the George Floyd protests, which was a different situation altogether.

Sources:

  • [Stephen Vladeck, Professor of Law, Georgetown University, as quoted in the NPR conversation](https://www.npr.org/2022/05/17/1100033084/trump-deploying-national-guard-without-consent)
  • [The Insurrection Act, Title 10, U.S. Code, Sections 332-333](https://www.law.cornell.edu/uscode/text/10/332)

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