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Fact check: Can governor of a state sent in national guard or marine to stop a riot?

Checked on June 11, 2025

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
Want to dive deeper?
What is the difference between National Guard and Marines in domestic deployment?
Under what circumstances can a state governor deploy National Guard troops?
Can federal troops be deployed domestically without state governor approval?
What are the legal limits of military force in civilian law enforcement?
How does the Posse Comitatus Act affect military deployment during civil unrest?