The Hindu: Published on 17th June 2025:
Why in News?
U.S. President Donald Trump deployed 4,000 National Guard troops and 700 marines to Los Angeles, California.
This followed widespread protests and unrest triggered by ICE (Immigration and Customs Enforcement) raids and subsequent mass arrests.
The move has sparked legal and political debate regarding Presidential authority and federalism.
What Happened?
Protests erupted after immigration raids.
In response, the President federalised the California National Guard and sent additional active-duty marines.
California’s state government objected, calling it an overreach.
The State has filed a lawsuit against the federal government.
Legal Basis for Military Deployment in the U.S. :
Posse Comitatus Act (1878):
Prohibits using the military for civilian law enforcement, unless Congress authorises it.
Insurrection Act:
Allows the President to deploy military:
To suppress rebellion, civil unrest, or violence.
With or without a State’s request, if the State fails to maintain order or protect civil rights.
Section 12406 of Title 10, U.S. Code:
Allows the President to federalise the National Guard during insurrection or when federal law is obstructed.
Does not apply to active-duty troops.
How Has It Been Used in the Past?
1967: Used during Detroit Rebellion.
1968: After Martin Luther King Jr.’s assassination.
Civil Rights era: Used in school desegregation protests.
Presidents like Lyndon B. Johnson, Nixon, and George H.W. Bush used it in various protests.
Is Governor’s Consent Necessary?
Legally unclear.
Section 12406 allows federalisation but also says orders must be issued “through the governors”.
Trump used Section 12406 without invoking the Insurrection Act, claiming inherent Presidential powers under Article II of the Constitution.
California argues that this bypasses federal-state constitutional balance.
Legal Challenge by California:
California Attorney General and Governor filed a lawsuit against the President and Defense Secretary.
Allegation: Violation of federalism and overreach of Presidential powers.
Claims unilateral deployment is unconstitutional and illegal under U.S. Code.
How Does It Work in India?
Article 355 of Indian Constitution:
The Union must protect States against external aggression and internal disturbances.
Allows deployment of military even without State request.
Supreme Court in Extra Judicial Execution Victim Families
Assn. vs. Union of India (2016):
Military deployment is to aid, not replace, State civil power.
Must be withdrawn once normalcy returns.
Cannot be permanent or indefinite.
Key Issues at Stake:
- Balance between law and order vs. civil liberties.
- Federalism and state rights under U.S. Constitution.
- Potential for abuse of Presidential powers.
- Public confidence in law enforcement and democratic institutions.
