California has filed a lawsuit against the Trump administration, arguing that taking control of the state's National Guard for immigration enforcement is an unconstitutional overreach of power. The lawsuit claims this federal action undermines state sovereignty and violates the Tenth Amendment, as it bypasses Governor Gavin Newsom's authority. Newsom has warned that this could set a precedent for other states. The Justice Department has not commented on the ongoing litigation, which seeks to restore control of the National Guard to the state of California.
President Trump has repeatedly invoked emergency powers to exceed the bounds of lawful executive authority. On Saturday, June 7, he used a protest that local authorities had under control to make another unprecedented power grab, this time at the cost of the sovereignty of the state of California and in disregard of the authority and role of the Governor as commander-in-chief of the state's National Guard.
The lawsuit argues that President Trump's federalization of the state's National Guard was illegal because the move bypassed Gov. Gavin Newsom, and because it violated the Tenth Amendment, which protects state rights.
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