2025 6-10 Matters of Democracy California vs. Trump - National Guard
Matters of Democracy podcast · THOMAS MARINO
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Show Notes
The Unprecedented Nature of the California Deployment
Departure from Normality: The deployment of federal armed forces into an American state and city against the will of its governor is described as "somewhere between 'extremely unusual' and 'completely unprecedented.'"
Misplaced Priorities (Critique of Sen. Murphy): Senator Chris Murphy (D-CT) was criticized for viewing the California situation as a "distraction" from a budget bill,
Historical and Legal Context of Military Force Deployment. The Constitution's framers were wary of standing armies, relying on state and local militias for defense. The Insurrection Act of 1792 allowed federal deployment to suppress rebellion when "impracticable" otherwise. Posse Comitatus Act (1878): Prohibits federal troops from domestic law enforcement, with exceptions for the Insurrection Act. State militias (National Guard) can enforce laws within their own state with gubernatorial consent, or in other states with consent from those governors.
Center for Renewing America (TCRA) Influence: Founded by Russ Vought, TCRA (contributors to Project 2025) proposed using the "invasion" declaration (regarding undocumented immigration) under the Insurrection Act to deploy the U.S. military. Stephen Miller is believed to be "intimately familiar" with this plan.
Possible Motivations for "Why Now?"
Trump's Legal Basis (Title 10, Section 12406):Avoids Insurrection Act: Trump's memo "DOES NOT invoke the Insurrection Act," which would require proving a state of rebellion and no other option, likely difficult to prove in court.