The sight of uniformed troops patrolling Washington, D.C. has reignited an old American question: how much military muscle can a president flex on domestic soil?
President Donald Trump, pointing to what he calls a crime crisis in the capital, summoned Washington’s National Guard earlier this month and leaned on Republican governors to send their own Guard units into the city. Now he’s floating the idea of dispatching troops to other major cities, including Democratic strongholds like New York and Chicago.
But the legal terrain is far from simple.
**The Guard in D.C.**
Unlike in the 50 states, where governors control their National Guard, Washington’s force answers directly to the president. That gave Trump the authority to order 800 Guard troops into the city, a move fiercely contested by D.C. Mayor Muriel Bowser. Backing him up, governors from states like West Virginia, South Carolina, and Ohio deployed their own Guardsmen to bolster the mission.
The administration used a hybrid legal framework known as *Title 32*, which keeps the Guard under state command but has their pay and duties regulated by the federal government. Because of that structure, the usual restrictions of the Posse Comitatus Act—which blocks the military from acting as police—don’t apply.
**Beyond Washington: Can He Send Troops Elsewhere?**
The situation changes when it comes to states. Trump can’t simply march National Guard units into New York or Illinois on his own authority. However, he does have tools at his disposal.
One is Section 12406 of Title 10, which lets a president call Guard units into federal service to repel invasions, suppress rebellions, or enforce federal law. Trump used this argument when he sent Guard troops into California over Governor Gavin Newsom’s objections, saying the move was necessary to protect federal agents and property.
If he tries something similar in cities like Chicago—particularly given its “sanctuary city” status—he will almost certainly face legal battles. Some states already block outside Guard troops from entering without permission, and more Democratic-led states are considering such measures.
**The Nuclear Option: The Insurrection Act**
There’s also the Insurrection Act, the president’s most sweeping domestic deployment power. It allows the use of federal troops when law and order break down, or when civil rights are being obstructed. The act has been invoked throughout U.S. history, from enforcing desegregation in the South to responding to riots in Los Angeles.
The Supreme Court has ruled that only the president can decide when its conditions are met—meaning the choice rests squarely in Trump’s hands.
**The California Test Case**
Earlier this year, Trump placed California’s Guard under federal control and even deployed active-duty Marines in Los Angeles after protests against his immigration crackdown. California sued, arguing the move violated the Posse Comitatus Act since troops acted like police. A federal judge in San Francisco is set to rule soon, but whatever the decision, it will likely be appealed and won’t bind other states.
**The Bottom Line**
For Trump, Washington is an open field; the states, however, are a legal minefield. His ability to project military power into America’s cities depends on how far he’s willing to push constitutional boundaries—and how fiercely governors and the courts push back.
