Fact check: Who has the authority to call in the National Guard?

1. Summary of the results

The authority to call in the National Guard is distributed across multiple levels of government, with specific circumstances determining who has the final say:

• State Governors have primary authority for state-level emergencies and disaster relief ^[1]
• The President can "federalize" National Guard units during war, national emergencies, or under the 1807 Insurrection Act ^[1]
• For Washington D.C., authority lies directly with the President and Secretary of Defense due to the absence of a governor ^[1]
• In the specific case of the U.S. Capitol, the Capitol Police Board (consisting of the House Sergeant at Arms, Senate Sergeant at Arms, and Architect of the Capitol) has the authority to request National Guard assistance ^[2]

2. Missing context/alternative viewpoints

Several important nuances are often overlooked:

• While the President can request National Guard deployment, governors can initially refuse such requests ^[1]
• Presidential authority is not unlimited - it must comply with Title 10 of the U.S. Code, section 12406, specifically for cases of rebellion or when regular forces cannot execute federal law ^[3]
• The deployment must respect state sovereignty, and there are constitutional limits on using military forces domestically ^[4]
• During the January 6th events, contrary to some beliefs, neither the Speaker of the House nor congressional leadership had direct authority to deploy the Guard ^[2]

3. Potential misinformation/bias in the original statement

Common misconceptions about National Guard authority often arise from:

• The assumption that authority is absolute - in reality, there are checks and balances between state and federal control
• The belief that presidential authority is unlimited - legal challenges have shown this isn't true, as demonstrated by court rulings questioning deployment decisions ^[3]
• Confusion about Capitol-specific procedures - the role of the Capitol Police Board is often overlooked in public discourse ^[2]

These misunderstandings can be exploited by various political actors to either criticize or defend actions during crisis situations, as seen in the aftermath of January 6th when questions arose about the chain of command and response timing ^[2].