The desire displayed by Donald Trump to extend the federal guardianship of the Washington police is a new challenge to the balance of powers in the United States and should come up against many legislative or legal obstacles.
On Monday, the President of the United States invoked section 740 of the District of Columbia Home Rule Act From 1973, a provision never used before, which allowed the chief of the executive power to take control of the local police in the event of an emergency for a maximum duration of 30 days.
The Democrat mayor of Washington, Muriel Bowsercould only be able toter this initiative while refuting the claims of the president that the federal capital is overwhelmed by a wave of crime.
The Trump administration has initiated federal DC police care, sent from federal officers and mobilized the DC National Guard, claiming that these measures are necessary to restore order in the city.
Photo : Getty Images / Alex Wong
With or without the congress?
On Wednesday, Donald Trump displayed his intention to extend this tutorial beyond 30 days, with or without the green light from the congress.
If it is a national emergency, we can do it without the congress
he said, what the lawyers are disputed by which the law is clear: only the elected officials of the Congress can authorize an extension.
Similarly, the threat regularly brandished by Donald Trump to place the entire District of Columbia under federal control would require that the Congress cancels the Home Rule Actwhich delegates the governance of the municipality to the mayor’s office and to the municipal council.
A majority qualified as 60 votes would then be required in the Senate, where the Republicans only have a majority of 53 elected officials against 47.
FBI agents walk on Florida Ave between 14th rue NW and 13th rue NW August 13, 2025 in Washington, DC.
Photo : Getty Images / Tasos Katopodis
What authority on the National Guard?
The American president also announced on Monday the deployment of 800 soldiers of the National Guard in the capital, a tactic he had already used in June in Los Angeles, where he had mobilized 4,000 members of the National Guard and 700 Marines to respond to protest demonstrations against the raids of the immigration police.
Unlike other American states and territories, the Washington National Guard, which has 2,700 soldiers and pilots, depends directly on the president. Apart from this exception, the supervisory authority of the national guards is the governor.
Using another presidential prerogative, Donald Trump has also ordered in recent months FBI And other ordering agencies to strengthen their police presence in Washington.
A sign indicates that a “extended curfew for minors” is in effect in the Navy Yard district of Washington, DC, on August 13, 2025, while the Metropolitan Police of DC patrol in the area.
Photo : Getty Images / AFP / JIM WATSON
A model for other cities?
The chief executive ensures that the federal supervision of the Washington police could serve as a model for other cities, targeting democratic town halls.
But the case of Washington is exceptional and Donald Trump cannot invoke any legal text to take control of the police departments of other cities. The tenth amendment of the Constitution limits federal powers and delegates the police powers to the states.
Donald Trump could decide to send the National Guard, as he did to Los Angeles, without the agreement of the Democratic Governor Gavin Newsom.
However, this decision is the subject of a trial in San Francisco, California accusing Donald Trump’s administration of having violated a law of 1878, the Could be accompanied by Actwhich prohibits the army from intervening in the maintenance of local order.
Donald Trump justified the sending of the National Guard to Los Angeles by demonstrations which, according to him, constituted A form of rebellion
requesting a military response.
The state of California asked the San Francisco court to judge the president’s initiative illegal and to place the National Guard under his authority.
