During a tense Senate hearing on Wednesday, Defense Secretary Pete Hegseth couldn’t name the exact part of the Constitution that gives President Trump the authority to send active-duty Marines into Los Angeles.
Sen. Tammy Baldwin (D-WI) pressed Hegseth hard on what legal grounds the Trump administration is using to send federal troops into American neighborhoods during ongoing protests.
“Just specifically, Mr. Secretary, what is the authority that the administration is using to deploy active-duty Marines to California neighborhoods? What authority?” Baldwin demanded.
Hegseth started to answer, “Senator, the president has constitutional authority in order to support—”
Baldwin cut him off: “Cite the provision of the Constitution.”
Caught off guard, Hegseth said, “I’d have to pull up the specific provision, but our Office of General Counsel, alongside our leadership, has reviewed and ensured in the order that we set out that it’s completely constitutional for the president to use federal troops to defend federal law enforcement.”
Baldwin wasn’t satisfied. She pointed out that the administration had previously cited Section 12406 of Title 10 when it called up the National Guard, but hadn’t named a legal basis for deploying Marines.
“Look, um… I’d like to know the specific constitutional statutory authority. The president made it clear that he relied on Section 12406 of Title 10 with regard to the National Guard troops. I need to know the authority that he is relying upon in terms of active duty Marines being deployed to California neighborhoods. So you’ll follow up with me?” Baldwin asked.
Hegseth tried to pivot to general precedent: “Yes, Senator, but there’s plenty of precedent of active duty troops being used to support law enforcement. Historical precedent.”
Baldwin shot back, “I’m not disputing that. I am just asking you to cite the authority under which the active duty Marines are being deployed to California.”
Still unable to provide a direct answer, Hegseth again referred to the National Guard order and promised to get back to her. “It’s in the order, ma’am, but we’ll make sure we get it to you as well.”
The pushback didn’t come from Democrats alone. On Tuesday, Republican Sen. Susan Collins of Maine, who chairs the powerful Senate Appropriations Committee, publicly questioned the move.
“I would draw a distinction between the use of the National Guard and the use of the Marines. Active duty forces are generally not to be involved in domestic law enforcement operations,” Collins told reporters.
Despite repeated questions, Hegseth left without citing a single constitutional provision backing the deployment of Marines to American streets.
Watch the clip below:
