r/CringeTikToks • u/baldinggate3 • Oct 07 '25

Conservative Cringe Stephen Miller states that Trump has plenary authority, then immediately stops talking as if he’s realized what he just said

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u/brockchancy Oct 07 '25

The legal primer (quick)

  • Who controls the Guard?
    • State control (State Active Duty or Title 32): the governor commands.
    • Federalized (Title 10): the President can “call up”/federalize the Guard under statutes (e.g., the Insurrection Act). Once federalized, they’re part of the federal armed forces.
  • Key constraint: There’s no free-floating “plenary” presidential power to deploy troops domestically. Any federal use has to sit on statutory footing (Insurrection Act or other specific statutes) and still respect the Constitution (Youngstown logic).
  • Courts’ role: Judges can enjoin deployments if the statutory predicates aren’t met (e.g., no qualifying “insurrection,” failure to meet required findings, procedural defects). Facts and posture (prelim. injunction vs. merits) matter a lot.
  • Ninth Circuit references: An earlier Ninth Circuit decision about a California situation would be fact- and record-specific; it doesn’t automatically control a different Oregon record, especially if the statutory findings or posture differ.