Austin Badon
contacted Louisiana Gov. Bobby Jindal’s office Monday and asked that
the National Guard be deployed. Jindal’s office said Badon was told that
any such a request would have to come from the New Orleans mayor Mitch
Landrieu.
Under Article I, Section 8, Clause 15
of the Constitution, the National Guard – considered a state militia –
is authorized to “execute the laws of the Union and suppress
Insurrections and repel Invasion.” The Constitution says nothing about
dispatching the military to fight domestic crime, a task usually
undertaken by local law enforcement.
Since the National Defense Act (or Militia Act) of 1903, the federal government has worked to absorb the National Guard and take control of it away from the states. In 2007, the John Warner Defense Authorization Act
moved to remove state governors as sole commanders in chief of their
state’s National Guard during emergencies within the state.