In early June, California Gov. Gavin Newsom and Attorney General Rob Bonta filed a lawsuit against the Trump administration over the suspected unlawful use of the National Guard and Marines during the Los Angeles ICE protests.
This week, judges from the U.S. 9th Circuit sided with Trump, allowing him to retain control of the National Guard as the protests continue.
The Trump administration stated that the deployment of 4,000 National Guard members and 700 Marines was intended to protect federal buildings and prevent rebellion. Yet California Governor Gavin Newsom rightly condemned the decision as “a serious breach of state sovereignty.”
Along with Gov. Newsom, I believe Trump’s decision was an abuse of executive power that threatened the balance between state and federal authority.
Traditionally, governors call on the National Guard under state authority to respond to emergencies such as natural disasters or civil unrest. By federalizing the California Guard without the governor’s request, the Trump administration bypassed this system and set a troubling example of expanding federal power.
Federal troops participating in civilian matters without clear legal cause threaten the principles of states’ rights. And the presence of thousands of military personnel on American streets in response to unrebellious protestors can escalate tensions rather than calm them.
This scenario also sends a chilling message that dissent can be met with overwhelming force, undermining the constitutional right to protest.
While protecting federal property and personnel is a legitimate concern, the scale of Trump’s response seems disproportionate given the original size of the protests, which numbered around 1,000 people.
Instead of allowing the unrebellious protests to continue under proper state protocol, the Trump administration chose an aggressive show of force that may make protesting a difficult right to express.
If unchecked, this pattern of federal overreach could become a habit, weakening the balance between federal and state power and jeopardizing civil liberties. It is crucial that legal boundaries be respected and that military force not be misused to discourage civilian expression.
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