Skip to content
Support local news and music. Support your community.
Support CapRadio. We wouldn't be here without you.
Support your community's local source for news and music. Support CapRadio. 
Donate Now

View thank you gift options

Capital Public Radio

Capital Public Radio

signal status listen live donate
listen live donate signal status
listen live donate signal status
  • News
    • beats
    • State Government
    • Environment
    • Health Care
    • Business
    • Arts and Lifestyle
    • Food and Sustainability
    • PolitiFact California
    • California Dream
    • Videos
    • Photos
  • Music
    • genres
    • Classical
    • Jazz
    • Roots
    • Eclectic
    • Videos
    • Daily Playlist
  • Programs + Podcasts
    • news
    • Morning Edition
    • All Things Considered
    • Marketplace
    • Insight with Beth Ruyak
    • The View From Here
    • music
    • Acid Jazz
    • At the Opera
    • Classical Music
    • Connections
    • Excellence in Jazz
    • Hey, Listen!
    • Insight Music
    • K-ZAP on CapRadio
    • Mick Martin's Blues Party
    • Programs A-Z
    • Podcast Directory
  • Schedules
    • News
    • Music
    • ClassicalStream
    • JazzStream
    • Weekly Schedule
    • Daily Playlist
  • Community
    • Events Calendar
    • CapRadio Garden
    • CapRadio Reads
    • CapRadio Travels
    • Ticket Giveaways
  • Support
    • Evergreen Gift
    • One-Time Gift
    • Corporate Support / Underwriting
    • Vehicle Donation
    • Stock Gift
    • Legacy Gift
    • Endowment Gift
    • Volunteering
    • Benefits
    • Member FAQ
    • e‑Newsletter
    • Drawing Winners
    • Thank You Gifts
  • About Us
  • Contact Us
  • Close Menu
 We Get Support From:
Become a Supporter 
 We Get Support From:
Become a Supporter 
  • State Government
  •  

What President Trump Could Do If Jerry Brown Rejects California National Guard Deployment To Border

  •  Ben Adler 
Friday, April 6, 2018 | Sacramento, CA | Permalink
Listen
/
Update RequiredTo play audio, update browser or Flash plugin.
Anthony Albright / Flickr

U.S.-Mexico Border in Jacumba Hot Springs, California.

Anthony Albright / Flickr

We’re still waiting for word from Gov. Jerry Brown about whether he’ll agree to President Trump’s request to deploy California National Guard troops to the Mexican border.

There’s broad agreement among legal scholars that a governor can reject a president’s request to deploy that state’s National Guard under the section of federal law Trump cites in his proclamation.

What would Trump's options be if Brown says no?

“He’d have two options,“ says USC law professor Dwight Stirling, who’s served as a military lawyer in the California National Guard and written a legal analysis about states’ powers over National Guard deployments. “Both are draconian and severe, and they’re options I’ve never seen done before.”

Stirling says Trump could cut the California National Guard’s federal funding – or end its federal recognition, meaning California guard members could no longer be part of the U.S. military.

“Now what could also occur here,“ he adds, “is the president could put the California National Guard under his control.”

That’s known as federalizing the Guard, under a different part of U.S. law.

But then, under a post-Civil War law called the Posse Comitatus Act, guard members wouldn’t be allowed to enforce domestic laws the way the Border Patrol can.

That means guard members could not arrest, search or seize people or goods entering America from Mexico – which is what Trump's critics fear the troops would be asked to do.

    Related Stories

  • Ben Adler / Capital Public Radio

    Why Jerry Brown Might Agree To President Trump's National Guard Border Deployment In California

    Monday, April 9, 2018
    Gov. Jerry Brown has the legal right to reject President Trump’s request to deploy California National Guard troops to the Mexican border. But there are reasons for Brown to consider approving it, despite Trump’s deep unpopularity in the state.

Ben Adler

Capitol Bureau Chief

Capitol Bureau Chief Ben Adler first became a public radio listener in the car on his way to preschool – though not necessarily by choice. Now, he leads Capital Public Radio’s state Capitol coverage, which airs on NPR stations across California.  Read Full Bio 

 @adlerben Email Ben Adler

Comments

Sign up for ReCap

and never miss the top stories

Delivered to your inbox every Wednesday.

Check out a sample ReCap newsletter.

More State Government Stories

Noah Berger / AP Photo

California Insurers Blocked From Dropping Customers In 2019 Wildfire Zones

December 6, 2019

Noah Berger / AP

California Not Adequately Prepared To Protect Vulnerable Residents From Natural Disasters, Says Auditor's Report

December 6, 2019

Most Viewed

Ceres Pays $4.1 Million To Settle Two Fatal Shooting Lawsuits Involving The Same Officer

A Riverboat That’s Not Afloat: The Old Spirit Of Sacramento

'We Need The Food That We Lost'; Low-Income Families Still Reeling From Blackouts

Will Fires, Outages Land California Students In ‘Disaster Relief’ Summer School?

What's The Best Way To Help Homeless Sacramento Residents? Here's What They Say.

We Get Support From:
Become a Supporter

Most Viewed

Ceres Pays $4.1 Million To Settle Two Fatal Shooting Lawsuits Involving The Same Officer

A Riverboat That’s Not Afloat: The Old Spirit Of Sacramento

'We Need The Food That We Lost'; Low-Income Families Still Reeling From Blackouts

Will Fires, Outages Land California Students In ‘Disaster Relief’ Summer School?

What's The Best Way To Help Homeless Sacramento Residents? Here's What They Say.

Back to Top

  • 7055 Folsom Boulevard
    Sacramento, CA 95826-2625

    • (916) 278-8900
    • Toll-free (877) 480-5900
    • Email Us
    • Submit a News Tip
  • Contact Us

  • About Us

    • Contact Us / Feedback
    • Coverage
    • Directions
    • Jobs & Internships
    • Mission / Vision / Core Values
    • Press
    • Staff Directory
    • Board of Directors
  • Listening Options

    • Mobile App
    • On Air Schedules
    • Playlist
    • Podcasts
    • RSS
  • Connect With Us

    •  Facebook
    •  Twitter
    •  Instagram
    •  YouTube
  • Donate

  • Listen

  • Recap Newsletter

Capital Public Radio stations are licensed to California State University, Sacramento. © 2019, Capital Public Radio. All Rights Reserved. Privacy Policy | Website Feedback FCC Public Files: KXJZ KKTO KUOP KQNC KXPR KXSR KXJS. For assistance accessing our public files, please call 916-278-8900 or email us.