Reading Room Document
Legal Authority for Using Federalized National Guard and Reserve Components of Armed Forces in Suppressing Civil Disorders at the Request of a State
This opinion concluded that the President could federalize a state militia in response to a state request to do so based on the state’s inability to “restore law and order with all the resources at its command.” It also concluded that the President could deploy troops for a limited period of time in response to civil unrest, but could not do so permanently.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit