U.S. Code

Under Title 10 of the U.S. Code, the president may federalize the National Guard when the country is under invasion, rebellion, danger of rebellion, or when the president, with the 'regular forces', is unable to execute the laws of the United States.

U.S. Code provisions of the Insurrection Act authorize the president to federalize a state's militia and use such of the armed forces as the president deems necessary when the president determines that unlawful obstructions, combinations, assemblages, or rebellion make it impracticable to enforce the laws; one section allows the president to call in troops at the request of a state legislature or governor (if the legislature cannot be convened), while two other sections do not require state consent.