Fact check: Can the National Guard be deployed to cities without the governor's approval?

1. Summary of the results

The question of whether the National Guard can be deployed to cities without the governor's approval is a complex one, with various sources providing different analyses. Most sources suggest that the governor's approval is necessary for deployment, as seen in the case of Memphis where the governor welcomes the intervention ^[1]. However, the President's power to call out the National Guard is not a blank check, and Section 502(f) of Title 32 of the U.S. Code has limits, implying that the governor's approval is necessary for deployment ^[2]. Additionally, sources suggest that the president cannot activate the National Guard outside Washington, D.C., without permission from the state's governor, except in cases of insurrection or natural disaster ^[3]. The possibility of invoking the Insurrection Act, which allows the president to deploy federal troops inside the U.S. to conduct law enforcement, is also mentioned ^[4]. The deployment of the National Guard without the governor's approval may violate the Constitution and the Posse Comitatus Act, as seen in the example of the Trump administration's deployment of the National Guard to Washington, D.C. in 2020, which was deemed unconstitutional ^[2]. A federal judge has also ruled that President Trump's deployment of the National Guard to Los Angeles violated federal laws, including the Posse Comitatus Act ^[5].

2. Missing context/alternative viewpoints

One key aspect missing from the original statement is the distinction between the President's power to deploy the National Guard and the limitations imposed by federal laws and the Constitution. Sources highlight the importance of the governor's approval for deployment, except in cases of insurrection or natural disaster ^[3]. Additionally, the role of public opinion in the deployment of National Guard troops to cities is not directly addressed in the original statement, although it is discussed in some sources ^[6]. Alternative viewpoints, such as the potential benefits of deploying the National Guard to cities to address crime and the potential drawbacks of violating the Constitution and the Posse Comitatus Act, are also not fully explored in the original statement. The benefits of deploying the National Guard to cities may include a reduction in crime, as suggested by President Trump's plan to send federal law enforcement and the National Guard to Memphis, Tennessee ^[7]. However, the drawbacks of such a deployment may include the violation of federal laws and the Constitution, as seen in the example of the Trump administration's deployment of the National Guard to Washington, D.C. in 2020 ^[2].

3. Potential misinformation/bias in the original statement

The original statement may be misleading, as it does not provide a clear answer to the question of whether the National Guard can be deployed to cities without the governor's approval. Most sources suggest that the governor's approval is necessary for deployment, except in cases of insurrection or natural disaster ^[3]. The statement may also be biased, as it does not fully explore the potential benefits and drawbacks of deploying the National Guard to cities. The benefits of deploying the National Guard to cities may include a reduction in crime, as suggested by President Trump's plan to send federal law enforcement and the National Guard to Memphis, Tennessee ^[7]. However, the drawbacks of such a deployment may include the violation of federal laws and the Constitution, as seen in the example of the Trump administration's deployment of the National Guard to Washington, D.C. in 2020 ^[2]. The statement may benefit those who support the deployment of the National Guard to cities, such as President Trump and his administration, while potentially harming those who oppose such a deployment, such as governors and other officials who may not approve of the deployment ^[2].