U.S. Sen. Chuck Grassley (R-Iowa) says the courts will need to decide if the president has the authority to use National Guard soldiers as supplementary police forces, as President Trump considers expanding their use to other U.S. cities. Historically, National Guard units have been activated by state governors to respond to emergencies, including riots and public unrest. However, Grassley says it is legally debatable if the president has that same authority.
President Trump deployed several hundred soldiers to Los Angeles, Calif., in June to address growing crime rates, and he took similar actions in Washington, D.C. last month. Grassley says the results from the nation’s capital are compelling.
Trump has indicated that he is considering using the National Guard to address crime in other places, and cities making the president’s list include Chicago, Portland, Baltimore, and others. Grassley says 81 percent of Americans consider crime a major issue, and any government’s primary purpose should be the safety of its citizens.
Much of the legal debate over presidential activation of National Guard units for domestic use stems from the 1878 Posse Comitatus Act that limits the U.S. military from serving in a law enforcement capacity unless explicitly authorized by Congress. The Trump administration has appealed the California federal judge’s ruling to the Ninth Circuit Court of Appeals, and the case has a chance of being accepted by the U.S. Supreme Court, depending on how the appellate court rules.
