Trump’s Use of the National Guard Against LA Protesters Defies All Precedents
In 1871, the law was revised to specifically allow for the national guard to be used in the protection of civil rights for black Americans. Legal experts have long called for reform of the Insurrection Act, arguing that the language is too vague and open to misuse.
In the past, former US presidents, Dwight D. Eisenhower, John F. Kennedy and Lyndon B. Johnson all invoked different sections of the Act to protect civil rights, particularly against segregationist states. While the act implies consent between governor and president, it does not require it.
Two examples stand out. On June 11 1963, John F. Kennedy issued executive order 11111 mobilizing the national guard to protect desegregation of the University of Alabama, against the wishes of Alabama governor George Wallace.
Wallace’s determination to block the registration of two black students, Vivian Malone and James Hood, produced a produced a sensational media moment when Wallace physically blocked the entrance of the university. Local law enforcement stood by the governor. With the state of Alabama in defiance of federal law, Kennedy saw no alternative but to deploy the guard.
Less than two years later, in March 1965 Lyndon B. Johnson again deployed the guard in Alabama, bypassing Governor Wallace. In February, a state trooper in the town of Marion killed a young voters-rights activist, Jimmie Lee Jackson.
This shooting, along with several violent attacks by the local police on voter registration activists in Selma, inspired a series of marches in support of the 1965 voting rights bill. On the eve of the march from Selma to Montgomery, tensions between local police and civil rights protesters were at a high.
In response, Johnson bypassed Wallace and called in the national guard to ensure, as he put it, the rights of Americans “to walk peaceably and safely without injury or loss of life from Selma to Montgomery”.
Before last Saturday, this was the last time a president circumvented the authority of the state governor in deploying the guard. But even in this instance, there was an implied request from Wallace, who explicitly requested federal aid in the absence of state resources.
The subtext here is that Wallace did not want to be seen to call up the national guard himself, so he forced Johnson to make that decision, allowing him to claim that the president was trampling on state sovereignty.
Insurrection Act
This is not the current situation in California. The LAPD is the third largest police force in the US, with over just under 9,000 sworn officers. While its ranks have shrunk in recent years, it has been responding to the recent protests and unrest. There is no reason to think that Newsom would hesitate to call in the national guard if warranted.
In reality, Trump has invoked the Insurrection Act to protect ICE agents. Indeed, the national guard has a complicated history of responding to civil unrest. The current situation is in stark contrast with the past, and faces serious questions of legitimacy.
It is difficult not to see this as the latest move by the Trump administration to subjugate California. In early January Trump threatened to withhold federal aid to rebuild after the wildfires. In past months he threatened to withdraw all of the state’s federal funding to punish it for its stance on campus protests and the inclusion of transgender athletes in women’s sports.
Unlike his predecessors, Trump has not mobilized the national guard to protect civil rights against a hostile police force. Instead, he appears to be using this as leverage to undermine a political opponent he views as blocking his agenda. Circumventing gubernatorial powers over the national guard in this way has no precedent and heralds the next stage in an extended conflict between the president and the state of California.
Sinead McEneaney isSenior Lecturer in History, The Open University. This article is published courtesy of The Conversation.
