Yes, under federal law, the US president has the authority to deploy the National Guard in specific circumstances, even without the consent of a state's governor. While the governor typically commands the Guard within their state, federal law outlines conditions under which the president can assume federal control over Guard units.
This authority is defined by two distinct legal frameworks:
- Federalization under Title 10: The president can "federalize" a state's National Guard, placing it under federal command and making it a part of the active-duty armed forces. This is authorized by Title 10 of the U.S. Code.
- Insurrection Act: This specific authority allows the president to deploy the Guard to suppress an insurrection, rebellion, or domestic violence that makes it impossible to enforce federal law. This has been used historically during the Civil Rights movement, sometimes over the objections of state governors. The president can also federalize the Guard if requested by a state's governor or legislature.
- Other contingencies: Other federal laws also permit federalization to repel an invasion or execute federal law.
- Requesting assistance under Title 32: In a separate "Title 32 status," the president or Secretary of Defense can request a governor to deploy their Guard for a federally funded mission, such as border security or disaster relief. However, the governor is not legally obligated to comply with this request, and the Guard members remain under state command.
Key differences between state and federal control
| Characteristic | State Active Duty | Title 32 (Federally Funded, State-Controlled) | Title 10 (Federalized) |
|---|---|---|---|
| Command | Governor | Governor | President (via the Secretary of Defense) |
| Funding | State | Federal | Federal |
| Role | Domestic emergencies, natural disasters, civil unrest within the state. | Federally approved domestic missions, such as training or border support. | Federal missions, such as overseas combat deployment or enforcing federal law. |
| Example | Responding to a hurricane or wildfire in the home state. | Guard members providing security at airports after 9/11. | A combat deployment to a foreign country. |
Recent legal challenges
The president's authority to deploy the National Guard without a governor's consent has faced recent legal challenges. In October 2025, a federal judge temporarily blocked the administration from deploying federalized Guard troops to Oregon after the governor sued. The court stated the deployment exceeded the president's authority because the required "exceptional circumstances"—such as invasion or rebellion—did not exist in Oregon.
