The use of the military to quell protests is something associated with dictators in foreign countries, and as of Saturday night, with a president of the United States. When President Trump federalized 2,000 members of the California National Guard, deploying them because of protests against federal immigration authorities, he sent a chilling signal about his willingness to use the military against demonstrators.

There are two relevant aspects of federal law: One allows the president to federalize a state’s National Guard and the other permits the president to use the military in domestic situations. Neither, at this point, provides legal authority for Saturday’s action.

As for the former, a federal statute, 10 U.S.C. section 12406, authorizes the president to take over a state’s National

See Full Page