Can the President Activate the National Guard

[freddyjohn]

Yes, the President of the United States can activate the National Guard, but how it is activated depends on the situation and the legal authority being used.

1. Federal Activation (Title 10 Status)

• Who activates it? The President.
  
• How? Under Title 10 of the U.S. Code, the President can federalize the National Guard.
  
• What happens? Guard members operate under federal command (just like active-duty military).
  
• When? This is typically done during:
  • National emergencies
    
  • Military deployments overseas
    
  • Large-scale disasters
    

 2. State Activation (Title 32 or State Active Duty)

• Who activates it? The Governor of the state.
  
• What happens? The Guard operates under state control (even if federally funded in Title 32 status).
  
• When? For things like:
  • Natural disaster response
    
  • Civil unrest
    
  • Public health emergencies
    

In some cases, the President can order the Guard into federal service even if a Governor disagrees — this has happened in rare, contentious circumstances (e.g., civil rights enforcement in the 1950s–60s).

Little Rock Integration Crisis (1957)

 Location: Little Rock, Arkansas
 Issue: Enforcing school desegregation
 Background:

• After the Brown v. Board of Education (1954) decision, public schools were ordered to desegregate.
  
• In 1957, nine Black students (known as the Little Rock Nine) attempted to integrate Little Rock Central High School.
  

 Conflict:

• Arkansas Governor Orval Faubus deployed the Arkansas National Guard to block the students from entering the school, defying the federal court's order.
  

 Presidential Action:

• President Dwight D. Eisenhower first tried to negotiate with Faubus.
  
• When that failed, Eisenhower:
  
  1. Federalized the Arkansas National Guard under Title 10, taking them out of the governor’s control.
     
  2. Deployed the 101st Airborne Division of the U.S. Army to enforce desegregation and protect the students.
     

 Outcome:

• The Little Rock Nine were escorted into the school under federal protection.
  
• This action affirmed the federal government’s authority to enforce civil rights and uphold federal court orders.
  

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This moment was pivotal in U.S. history, showing the President's power to override a governor when constitutional rights are at stake, using the National Guard and active-duty forces.