In this episode of Passing Judgment, we examine the legal showdown in Los Angeles as President Trump sends the National Guard against California’s wishes. Host Jessica Levinson analyzes the president’s broad—though not unlimited—authority under Title 10 and California’s legal case challenging the move on grounds of state sovereignty and the Tenth Amendment. Jessica explains how federal law and the Posse Comitatus Act restrict the National Guard’s role, and why courts are usually hesitant to overrule presidential decisions on national security.
Here are three key takeaways you don't want to miss:
Presidential Authority to Federalize the National Guard Jessica Levinson breaks down the Trump administration's decision to send the National Guard into Los Angeles, despite objections from California officials. She explains that under federal law (Title 10), presidents have broad—though not unlimited—powers to federalize state National Guard troops. This authority can be exercised when there is a “rebellion or danger of rebellion” against federal authority, even if the state’s governor disagrees.
State Sovereignty vs. Federal Power California, led by Governor Newsom and Attorney General Rob Bonta, challenges Trump’s move, arguing it infringes on state sovereignty. Levinson examines the legal conflict between state autonomy (protected by the Tenth Amendment) and federal authority as outlined in Title 10. However, she concludes that the statute grants the president clear authority in these situations, making California's legal challenge an uphill battle.
The Limitations of National Guard Powers (Posse Comitatus Act) Another key theme is what the National Guard can—and cannot—do once federalized. The Posse Comitatus Act generally prohibits the military from acting as domestic law enforcement. Levinson clarifies that under Title 10, the National Guard cannot directly enforce domestic law (like making arrests or searches), unless additional powers are invoked (e.g., via the Insurrection Act).
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