A group of Oregon Democratic lawmakers has introduced legislation seeking to limit the federal executive branch’s ability to deploy the Oregon National Guard. Their actions will raise many questions about constitutional authority and federalism, especially in the wake of Antifa and anti-ICE riots in Portland recently, as well as in Los Angeles.
The bill aims to prevent federal deployment of the Guard in ways that could hinder its availability for state emergencies, such as wildfires. It also outlines specific duties the Guard could and could not perform, particularly in the context of civil unrest. The effort appears to be a response to President Donald Trump’s decision to federalize the California National Guard during recent protests and violent riots targeting Immigration and Customs Enforcement facilities in Los Angeles.
In Portland, anti-ICE protests have held the ICE facilities in a state of siege since the weekend, and protesters have damaged federal property and injured officers, with little help coming from Portland police, who have taken a hands-off approach and left federal officers to fend for themselves.
The legislation may run afoul of the US Constitution, however. At the center of the debate are the Supremacy Clause (Article VI, Clause 2) and the Militia Clauses (Article I, Section 8, Clauses 15–16), which grant the federal government broad authority over state militias, including the National Guard.
Under the Supremacy Clause, any state law that conflicts with federal law is preempted. That includes attempts to limit the President’s authority to federalize the National Guard in emergencies.
In Perpich v. Department of Defense, the Supreme Court in 1990 upheld the federal government’s right to deploy the National Guard for overseas training missions even over state objections. That case reaffirmed the dual federal-state nature of the Guard, but made clear that when federalized, the Guard is under federal control.
Legislative summaries of the Oregon bill indicate it would:
- Prevent the Oregon National Guard from being deployed in a manner that reduces its capacity to respond to in-state emergencies.
- Restrict deployment for crowd control or law enforcement activities related to civil demonstrations, unless authorized by the governor.
The bill sponsors say they want to protect Oregon’s emergency response capabilities and guards against politically motivated federal deployments.
Then there’s the Posse Comitatus Act, which generally prohibits the use of federal military forces for domestic law enforcement without Congressional authorization.
Yet, the National Guard is not bound by that law when under state control, and when under federal control, there are exceptions that apply, such as the Insurrection Act.
In 2020, similar riots in Portland led to the deployment of federal officers, but not National Guard troops. Courts ultimately upheld the federal role in protecting federal property.
In 2024, about 230 members of the Oregon Army National Guard’s 2nd Battalion, 218th Field Artillery Regiment, were sent on a year-long deployment to the Middle East to support Operation Inherent Resolve.
The Oregon Legislature is expected to take up debate on the bill later this summer. If passed, it is likely to face immediate constitutional challenges in court.
Oh… look. The leftists suddenly discovered the 10th Amendment.
How cute.
Good enough reason to wean them from the the pork barrel.
Anyone that thinks heroin is socially acceptable hasnt got all their ducks in a row.
Its just another left coast state destined to californicate itself into extinction with the nations highest heroin consumption per capita.
And if thousands of Jan 6 rioters decended on the Democrat rioters, and beat them to a pulp. The Democrat rioters would be CRYING for Federalized National Guard to Save them. Democrat Legislation is usually finite and one way.
Seriously, let’s talk about the elephant in the room; the federal officers need to open fire on these terrorists when being attacked. The riots would stop instantly.
Exactly jeanette
Democrats are showing signs of their last gasps for air. Low on oxygen, these critters will soon have nothing left but capitulation, or, severe hypoxia and starved minds. We are seeing it in real time.
If anyone gave a rat’s backside about Oregon, I suspect the National Guard could be called out to protect federal facilities. Other than that, let it burn. This is what these idiots voted for, so it is what they get.
Let’s not send the National Guard to Portland for floods or fires either.
Without a doubt this proposed law is unconstitutional. What is unclear? It violates the Constition’s supremacy clause. Title 10 is also clear. The President notifies the governor who then must issue appropriate orders. There is absolutely no consultive provision when federalizing any state Guard. In fact, the President can federalize Oregon Guard to provide support to another state or territory. If the federal government wants to use the Oregon Guard in Puerto Rico he can. Pass all the laws you want. All it serves is as a vain protest.
Hey Portland! You are the problem! Typical liberal bs wanting to be left to devolve farther.
Keep arresting the criminals. All the revolting they are doing means we are getting close to the source! LGBTQ??? Commies? Separatists? Yeah this is America, not a Disney bad cartoon. These people need to be sent packing with a reservation to GITMO!
Careful, lefties. The guy that runs the place is sporting a full pair. You’re not used to that.
This is all but guaranteed to go off the rails for you. I can even envision some incarceration. You know, just so you have some time to organize your thoughts. Maybe a little opportunity to redefine what healthy dem party values might be. Might be some pipe waiting for you in the pokey. Good luck, losers.
No federal control means you get no federal money ever again.
Oregon seems to think they have some sort of powers over the US Constitution. No wonder eastern Oregon wants to join Idaho.
Eastern Oregon better jump ship shortly. The ship is about to roll over and sink.
OK! Oregon’s communists er- democrats decisions have consequences. Most, if not all states fund their guard units with federal money. Almost 90% of a state’s guard budget comes from the feds. Their budget could be cut drastically if they go down this road. That would effect equipment refresh, training and administration.
They’re
Likely just fine with their guard guys not getting new equipment they’re just those deplorable typeś” we don’t need THEM, anyway. We have more important things to spend on, like buying dope for homeless in Portland!! Thats a Critical Need!!
These leftist state law makers in OR are inciting violence against federal officials and federal facilities. That can be seen as acts of insurrection . That Trump is calling out the Guard to protect federal agents and property is 100% Constitutionally authorized and protected.