State constitutions and laws can restrict a governor's authority to deploy the National Guard, for example by limiting deployment triggers to circumstances such as a 'rebellion' or 'invasion'.
November 19, 2025
high
temporal
Many states define legal criteria and limits for use of state militia or National Guard forces, which can be reviewed by courts.
State constitutions can condition governors' authority to deploy state National Guard forces on specific circumstances such as 'rebellion' or 'invasion', and courts have interpreted those constitutional provisions as imposing limits on gubernatorial deployment power.
November 19, 2025
high
temporal
States may have constitutional criteria that restrict when governors can activate the National Guard for domestic operations.
National Guard units have a dual state-federal status such that they can be under the control of a state governor or federalized under the President, and disputes over which authority controls particular Guard forces can lead to litigation between state officials and the federal government.
October 21, 2025
high
structural
The dual-status nature of the National Guard is a recurring source of legal conflict when federal authorities seek to use Guard forces in states opposed by local officials.
Partisan control of state legislatures and governorships is commonly used as a mechanism to pursue redistricting strategies intended to increase a party's representation in the U.S. House of Representatives.
high
process
Political parties in power at the state level can influence map-drawing to affect federal representation.
State attorneys general and governors can prepare and pursue federal lawsuits challenging federal actions.
high
general
The article mentions a governor thanking his attorney general and legal team for preparing federal lawsuits in response to federal deployments.
State legislatures and governors can enact congressional district maps, and courts can strike down or order new maps if existing maps are found to violate legal standards (including gerrymandering restrictions).
high
legal
Summarizes institutional roles and judicial oversight in the redistricting process.