Keep Factually independent
Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.
Fact check: Can governor of a state sent in national guard or marine to stop a riot?
1. Summary of the results
Yes, a governor can deploy the National Guard to stop a riot, as they serve as Commander-in-Chief of their state's National Guard when it's not in federal service [1]. However, this power comes with significant limitations and complexities:
- The deployment must align with state and federal laws and cannot violate constitutional rights [1]
- The president has the authority to federalize the National Guard under specific circumstances like invasion, rebellion, or when federal laws need to be executed [2]
- The president can technically override a governor's objections by invoking Title 10 of the United States Code [2]
2. Missing context/alternative viewpoints
Several important historical precedents provide crucial context:
- During the 1992 Los Angeles riots, California Governor Pete Wilson actively requested National Guard assistance from President George H.W. Bush [3]
- Presidential deployment without governor consent is extremely rare, with notable examples including:
- The Little Rock school desegregation
- The 1965 Alabama civil rights protests
- A recent case where President Trump deployed 2,000 National Guard troops to Los Angeles against Governor Newsom's wishes [4]
3. Potential misinformation/bias in the original statement
The original question oversimplifies a complex legal and political process:
- It fails to acknowledge that governors cannot deploy Marines, as they are federal forces
- It doesn't mention the important limitations on gubernatorial power regarding National Guard deployment [1]
- It overlooks the fact that while governors have this power, its exercise typically involves coordination between state and federal authorities [5]
- The question doesn't address the crucial distinction between state and federal control of the National Guard, which can shift depending on circumstances [2]
This complex system of checks and balances benefits different stakeholders:
- State governments benefit from maintaining control over their National Guard units
- Federal government maintains ultimate authority through federalization powers
- Citizens benefit from the multiple layers of oversight that prevent potential abuse of military force in domestic situations