Immigration
Nov. 13, 2025
The National Guard isn't a political tool: Why Illinois should resist
Trump calls up the National Guard in Illinois, citing "rebellion" and insufficient forces; courts and critics say there's no threat, raising 10th Amendment, federal-overreach and domestic-military concerns.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
President Donald Trump has authorized the use of the National Guard to protect federal property and personnel in Illinois and elsewhere. Using the Guard for local policing in states run by Democrats and over their objection has led to ongoing community protests, sporadic violence and litigation. It also arguably violates the 10th Amendment that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States re...
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