If Trump sends the National Guard into cities without the consent of governors, state leaders would be able to file court challenges, as California Governor Gavin Newsom did to block Trump from federalizing the National Guard to quell protests and riots over his immigration policy in Los Angeles earlier this summer, Banks said.

A new executive order signed by President Donald Trump Monday bans the burning of the American Flag, in direct opposition to a precedent set by the Supreme Court in the Texas v. Johnson case in 1989 deeming the action an act of "symbolic speech" Trump recognized while signing the order that the action was protected by the court but said that burning the flag was an open door to violence.

Trump’s executive order criminalizing flag burning reignites a constitutional battle, raising questions over First Amendment protections.

President Donald Trump’s administration has filed an emergency appeal to the U.S. Supreme Court, seeking to overturn a lower court ruling that halted immigration enforcement operations in Southern California.