However, the U.S. Constitution guarantees that the national government will protect the states in times of violence and permits Congress to enact laws that enable the military to aid in carrying out the law. The law prohibits the use of the military in civilian matters but, over time, Congress has passed at least 26 exemptions to the act that allow the president to send troops into states. While state governors and legislatures also have the legal authority to ask the president to use troops in this manner, the states have preferred to rely on a combination of local law enforcement and the National Guard, which is under state command, not federal.
Author: Jennifer Selin, Associate Professor of Law, Arizona State University
Published at: 2026-01-15 22:08:29
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