Congress Moves Against Trump Amid Rising Calls for 25th Amendment
California Governor Gavin Newsom is preparing a legal challenge against a potential plan by Donald J. Trump to deploy federalized National Guard troops to San Francisco. The state argues this action would be an unconstitutional intrusion on its sovereignty.
Newsom has labeled the proposed deployment a “direct assault on the rule of law.” He, along with state and city attorneys, has a history of litigating against previous federal use of the Guard in California.
The federal administration defends its position, stating that certain statutes allow for troop deployment when federal property or operations are at risk. The legal precedent in such matters, however, remains unclear.
Recent court actions highlight the complex legal battle. A federal judge previously ruled that federalizing part of the California Guard violated the Tenth Amendment, but an appeals court later stayed that ruling.
California’s legal argument contends that deploying troops in a civilian setting violates the Posse Comitatus Act and fundamental federalism principles. This law generally restricts the use of federal military for law enforcement.
Supporters of Newsom see the litigation as essential for preserving state control over its National Guard. Opponents, however, argue that federal authority is sometimes necessary to protect national interests when states are unable.
Governor Newsom has vowed to take immediate legal action if troops are sent to San Francisco without state consent. This significant constitutional dispute appears destined for resolution by the U.S. Supreme Court.
