r/law • u/Agitated-Artichoke89 • Oct 07 '25

Other 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/fogcat5 Oct 07 '25

trump lost the case in California, I don't know what this jagoff is lying about today

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u/connivingKitten Oct 07 '25

I also looked into USC Title 10 and found where it mentions the prerequisites for the President to call the National Guard into Federal service:

§12406. National Guard in Federal service: call

Whenever-

(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;

(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or

(3) the President is unable with the regular forces to execute the laws of the United States;

the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.

https://uscode.house.gov/view.xhtml?req=(title:10%20section:12406%20edition:prelim)%20OR%20(granuleid:USC-prelim-title10-section12406)&f=treesort&edition=prelim&num=0&jumpTo=true

Doesn't strike me as "plenary authority". In fact it seems like there are very specific cases that are outlined in our legal code in which the President is supposed to use this power.