Last month, a headline stopped me cold: President Trump had mobilized the California National Guard over the objections of Governor Newsom – and then, federal Marines were being deployed to the streets of Los Angeles.
I’ve lived through political theater before. I’m no stranger to manufactured crisis or top-down power grabs. But this one hit differently – and not just because I served in both the active-duty Army and in the National Guard of multiple states. It hits differently because, at its core, this is a constitutional moment. And not a good one.
Let’s walk through what happened – then I’ll explain why it matters more than most people realize.
What the President Did – and What He Cited
The president cited Title 10 of the United States Code as his legal basis for activating California’s National Guard without the consent of the governor. And it’s true: Title 10 contains provisions for when the president may “call forth” the militia – or what we now call the National Guard – in response to rebellion, insurrection, or interference with federal law.
But here’s the problem: the Constitution doesn’t say the president can do that. It says Congress has the power to call forth the militia for three specific purposes:
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To execute the laws of the union,
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Suppress insurrections, and
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Repel invasions.
The relevant clause is Article I, Section 8, Clause 15 – and that power belongs solely to the legislative branch. Not the executive. Not even in emergencies.
Title 10: Lawful by Statute, but Lawless by Constitution?
So, what about Title 10?
Well, it’s a federal statute – passed by Congress, signed by a president, and sitting on the books like any other law. But here’s the kicker: just because something is codified in U.S. Code doesn’t make it constitutional. And if you’re someone who believes in originalism, limited government, or even basic separation of powers, you can’t just wave away the non-delegation doctrine.
Congress doesn’t get to hand its powers over to the president like it’s tossing him the keys to a truck. The power to call forth the militia is a delegated, enumerated power. And under every originalist interpretation of the Constitution, a delegated power cannot be re-delegated to another branch – not legally, not morally, and certainly not safely.
As constitutional scholar Rob Natelson has explained, the Constitution was drafted as a fiduciary document: a contract of trust. Delegated powers, like financial trusts, can’t just be handed off. They were granted for a reason – to keep each branch in its lane.
But It’s Worse Than That Now
By June, it wasn’t just the California Guard on alert. The Secretary of Defense confirmed that active-duty Marines had been deployed to Los Angeles.
Let that sink in.
No formal Insurrection Act invocation. No constitutional due process. Just a vaguely justified federal troop presence in a state whose governor explicitly objected.
Some people seemed to cheer this kind of thing on. They say it’s about restoring order. But as someone who has actually worn the uniform, I have to ask – when did “send in the Marines” become America’s default problem-solver?
I get it. That phrase sounds tough. It feels decisive. But it’s also a lazy political reflex—a cliché disguised as a silver bullet. And worse, it’s un-American in the constitutional sense.
Who Decides What’s Lawful in a Republic?
When the president claims he can bypass a governor, override a state’s sovereignty, and send in federal troops without a clear constitutional mandate, that’s not strength. That’s lawlessness in uniform.
And when Congress lets him do it – when it passes laws like Title 10 that pretend the executive branch can exercise legislative authority – it’s not clever. It’s cowardice wrapped in bureaucracy.
This is not about whether you like Trump or not. This is not about whether Newsom is a good governor. This is about a much bigger question:
Who decides what power the federal government has?
Because if the answer is “whatever it can get away with,” then the Constitution is just an old museum piece—and we’re governed by decree, not law.
Let Me Be Clear About My Own Politics
I’m not writing this as a partisan. I’m not even writing this as a “constitutionalist” in the flag-waving sense. I’m a voluntaryist by principle – and a strict construction constitutionalist by concession. Had I been alive at the time of ratification, I wouldn’t have voted for the Constitution. I probably would’ve fought to amend the Articles instead.
But once a contract is ratified, I believe in keeping it. Every issue, every time. No exceptions. No excuses.
And as Thomas Jefferson said, “The 10th Amendment is the cornerstone of the Constitution.” Powers not delegated to the United States by the Constitution are reserved to the states, or to the people. That’s not a suggestion. That’s not a loophole. That’s the deal.
What Comes Next – and Who Must Act
People often say: “We the people must stand up.” And that’s true – but incomplete. Because we, as individuals, do not act in a vacuum. We are members of distinct, sovereign states – and that’s where resistance must begin.
There is no such thing as “the American people” acting as one political body. The Constitution wasn’t ratified that way. It was ratified by the people of the several states.
And when the general government (what we now mistakenly call the federal government) claims powers it was never granted, it is not enough to object once the abuse becomes reality.
We must resist unconstitutional claims of power the moment they’re made – on principle.
And that resistance must take the form of state interposition and nullification, just as Jefferson and Madison laid out in the Kentucky and Virginia Resolutions of 1798.
Final Thought
We don’t need more troops. We need more courage.
We don’t need emergency powers. We need constitutional limits.
And we don’t need a president – any president – pretending to be king in camouflage.
What we need is what we’ve always needed:
A republic, if we can keep it.
- A King in Camouflage - July 20, 2025
- Answering Objections to Nullification - May 20, 2011
- He’s Not Your Commander In Chief, Dennis Miller! - March 24, 2011