The President's power to activate troops can be limited by the courts

 A Federal Appeals Court denied California Gov. Gavin Newsome's action to take control of National Guard from the Trump administration, according to The New York Times.

The Court did say the President's power to activate troops can be limited by the courts. The Trump administration had urged the appeals court to find that the judiciary could not review Mr. Trump’s decision to take control of a state’s National Guard under the statute he invoked, which sets conditions like if there is a rebellion against governmental authority that impedes the enforcement of federal law.

The appeals court declined to go that far.

Supreme Court precedent “does not compel us to accept the federal government’s position that the president could federalize the National Guard based on no evidence whatsoever, and that courts would be unable to review a decision that was obviously absurd or made in bad faith,” the appeals court wrote.

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