[Political Junkie Too]

How does the President have this authority?

Article II Section 2 states:

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

Article I Section 8 says:

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

The Constitution says that the President must wait for the militia to be called into national service before he can be Commander-in-Chief over them, but it is Congress who must call them into national service first.

What am I missing? If the Texas National Guard and Air Guard are not "militia" units at all, then wouldn't that mean that the President has no CiC authority over them under any circumstances?

-PJ

[eastexsteve]

What am I missing? If the Texas National Guard and Air Guard are not "militia" units at all, then wouldn't that mean that the President has no CiC authority over them under any circumstances?

I'm not sure if the TNG/TANG are officially "militia." Texas has militias, both officially and un-officially.