Former House Speaker Nancy Pelosi criticized President Donald Trump for deploying National Guard troops and U.S. Marines to Los Angeles amid ongoing riots, claiming he acted unconstitutionally. During her remarks, Pelosi referred to a non-existent “Article 10” of the U.S. Constitution, erroneously stating it requires gubernatorial consent before the National Guard can be federalized. In reality, the Constitution has only seven articles, and Pelosi likely meant Title 10 of the U.S. Code, which governs military forces.
Legal experts clarified that Title 10 grants the president authority to federalize the National Guard without needing consent from governors, using a process that requires coordination but not approval. This power has historical precedent; President Lyndon B. Johnson used it in the 1960s to enforce civil rights protections in Alabama. The Supreme Court has also upheld this authority multiple times.
Pelosi further claimed that she and others begged Trump to deploy the National Guard on January 6, 2021, but he refused. Former Capitol Police Chief Steven Sund contradicted this, stating he was legally barred from requesting federal forces without Capitol Police Board approval—members of which reported to Pelosi and Senate leader Mitch McConnell.
Trump has asserted he offered National Guard support ahead of January 6, but it was declined. Despite the controversy, recent polling shows 52% of Americans support Trump’s decision to deploy the Guard to L.A. to protect federal property and personnel amid the riots.