It's impossible to not draw a powerful and historically rich parallel between Trump's use of the National Guard in LA and Kennedy's and Johnson's use of federal forces in the sixties when I was in high school. The
deployment of force—especially military force—on U.S. soil in response
to civil unrest has a long and fraught history, and comparisons between
different eras can bring deeper clarity or, at the very least, help us
question the narratives behind such decisions.
The south was in an uproar about civil rights and rioting.
Governors like George Wallace of
Alabama framed federal intervention (especially the use of National
Guard troops or federal marshals to enforce desegregation) as federal
overreach and an infringement on "states' rights." But from another
perspective, those federal actions were necessary to uphold
constitutional rights that were being denied by state governments.
Fast forward to recent years—if Trump
or any president deploys the National Guard in response to protests,
especially immigrant-rights demonstrations, it raises serious questions:
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What's the motivation? Is it truly to preserve public safety, or to suppress dissent? Wallace argued the feds were suppressing constitutional rights. Wallace
framed federal intervention as an overreach, emphasizing states' rights
and portraying the federal government as an oppressive force. His rhetoric galvanized segregationist sentiments and set the stage for confrontations between state and federal authorities. (1)
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Who's being labeled the threat? Civil rights protesters in the '60s were often painted as agitators or "outside troublemakers"—a tactic still used today.
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What rights are at stake? Then it was voting and desegregation; now it's immigration policy, police accountability, and freedom of assembly.
Remembering the sixties offers not
just context, but a caution. Sometimes the same playbook is used with
different actors, and historical memory becomes essential to resisting
cycles of repression.
N.B. The
Insurrection Act of 1807 grants the President the authority to deploy
federal troops within the United States to suppress civil disorder,
insurrection, and rebellion. This
act has been invoked during significant civil rights confrontations,
such as the Little Rock Nine crisis in 1957 and the Selma to Montgomery
marches in 1965. The
act underscores the tension between federal authority and states'
rights, a theme that persists in contemporary debates over the use of
the National Guard in civil unrest situations. It has been invoked over 30 times. See https://www.brennancenter.org/our-work/research-reports/guide-invocations-insurrection-act
Note that the National Guard is used because the Posse Comitatus Act (1878) is a federal law that limits the use of the U.S. military in domestic law enforcement. The law was enacted after the Reconstruction era,
when federal troops had been used extensively in the South to enforce
civil rights laws and maintain order. Southern states pushed for the act
to limit federal control and reassert state power. The National Guard is supposed to be invoked by state governors, not the federal government, but can be federalized.
President's are authorized to call up the troops under Article I, Section 8, Clauses 15-16
Congress shall have the power:
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“To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”
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“To provide for organizing, arming, and disciplining, the Militia...” and
Article II, section 2
“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States...”
Of course these sections were added because they were terrified of slave revolts.
None of this of this is to justify Trump's actions which I find abhorrent, but to simply provide some historical context so we don't all over-react; oppose but not go nuts. And also to remember that actions we approve of when in support of our causes, may come back to bite us in the ass.