In a fiery public address criticizing President Donald Trump’s decision to deploy U.S. Marines and California National Guard troops to Los Angeles amid a wave of violent protests, former House Speaker Nancy Pelosi raised eyebrows—not only for her criticism but also for referencing a part of the U.S. Constitution that doesn’t exist.
At a press conference filled with Democratic lawmakers, Pelosi urged the public to “read Article 10 of the Constitution,” claiming that it clearly prohibits the president from deploying the National Guard without the consent of the state governor.
“Section 12046 of Article 10 says that the National Guard cannot be called up by the president without the consent of the governor,” Pelosi stated at one point during her speech.
The problem? There is no Article 10 in the U.S. Constitution. In fact, the Constitution has only seven articles, which establish the structure and responsibilities of the three branches of government: Executive, Legislative, and Judicial.
Likely Meant “Title 10,” But Still Got It Wrong
Experts quickly pointed out that Pelosi likely meant to reference Title 10 of the U.S. Code, a comprehensive collection of federal statutes that govern military operations—including how and when the National Guard can be activated for federal service.
While Title 10 does outline processes for activating National Guard units, Pelosi’s interpretation of it was inaccurate.
According to legal and military analysts, the president does have the authority to federalize National Guard troops without a governor’s consent, especially when national interests or federal property are at risk. The Supreme Court has upheld this power multiple times in past rulings.
As political commentator Matt Margolis noted, “The statute explicitly states that the president may call the Guard into federal service and that orders ‘shall be issued through the governors.’ That’s an administrative step—not a requirement for approval.”
Historical precedent supports this interpretation. President Lyndon B. Johnson, a Democratic icon, used Title 10 to federalize the Alabama National Guard in the 1960s during the civil rights movement—without the consent of the then-governor. The deployment was done to protect peaceful demonstrators facing violent resistance.
Pelosi’s Contradictory Statements on Jan. 6
During the same press conference, Pelosi also made another controversial claim: that she and other Democratic leaders had “begged” President Trump to deploy the National Guard before the events of January 6, 2021—a claim now heavily disputed.
“He would not do it,” Pelosi said. “And yet, in a contra-constitutional way, he has sent the National Guard into California. Something is very wrong with this picture.”
But former Capitol Police Chief Steven Sund directly contradicted her statement. He posted on X (formerly Twitter), writing:
“FACT: On January 6, I was restricted by Federal Law (2US1970) from bringing in ANY federal support, including the National Guard, without first receiving permission from the Capitol Police Board, which included both Sergeants at Arms who reported to Pelosi and [then-Senate Majority Leader] McConnell.”
Sund’s remarks suggest that Pelosi herself may have had a role in limiting federal response on that day.
Trump, for his part, has repeatedly stated that he offered National Guard support prior to January 6 but that congressional leadership—including Pelosi—refused.
Voter Sentiment Supports Trump’s LA Deployment
Despite the controversy surrounding Trump’s use of federal troops, public opinion appears to favor his actions—at least regarding the deployment to Los Angeles.
A new poll conducted by RMG Research and reported by the Daily Signal found that a majority of Americans support the decision.
Out of 1,000 registered voters surveyed:
52% said they “strongly” or “somewhat” approve of Trump’s move to deploy federal troops in response to the riots
42% disapproved
7% remained undecided
Even more telling, when asked whether they supported ICE operations to locate and arrest illegal immigrants in Los Angeles, 57% of respondents said they approved, while 35% disapproved and 9% were unsure.
Background: Why Troops Were Deployed
The deployment came in response to widespread protests and riots in Los Angeles, which began after an Immigration and Customs Enforcement (ICE) operation targeting illegal immigrants. The situation quickly escalated into violent unrest, prompting Trump to order the deployment of 2,000 National Guard troops, with an additional 2,000 called in later, along with 700 U.S. Marines.
The move sparked heated debate across the country, with critics calling it authoritarian and supporters calling it necessary to maintain law and order.
As of this week, more than 100 individuals have been arrested in connection with the riots, which included vandalism, looting, and attacks on federal property.
Final Thoughts: Legal Power vs. Political Narrative
The confusion surrounding Pelosi’s “Article 10” remark reflects a larger issue in American politics: the tension between legal authority and political rhetoric.
While Pelosi’s emotional appeal may resonate with her base, her constitutional references were incorrect, and her statements about presidential powers and the events of January 6 have been publicly challenged—even by those directly involved in Capitol security.
On the other hand, Trump’s actions, though polarizing, appear to be legally grounded and publicly supported by a slim majority, according to the latest polling data.
As political battles continue, Americans are once again reminded that facts matter, especially when discussing the Constitution, the rule of law, and the role of federal power in times of crisis.
