White House responds to National Guard deployment call (Obama to Americans: Drop Dead)

KGUN ^ | 4/2/2010

[Ladycalif]

TUCSON (KGUN9-TV) - After a second day of trying, KGUN9 News has finally obtained a response from the White House on Governor Brewer's request to send the National Guard to patrol Arizona's border. While not directly addressing the deployment question, the statement promised that the administration will continue "monitoring" the situation.

[tarheelswamprat]

Something doesn’t smell right about this story. Think about it...

State governors do not have to request federal government permission to call up their state’s National Guard units. Whenever there’s a hurricane, earthquake, etc., or domestic crime or violence threats such as a race riot (Watts, etc.) or gang violence the governor has the authority to deploy the Guard.

The conflict comes when the Governor wants to use the Guard for something contrary to the wishes of the feds. In that case, the President has the constitutional authority to take over the Guard (federalize it). This is what happened during the civil rights battle era in Little Rock, AR and in Selma, AL. Until the President overrules the state governor and federalizes the Guard, the state governor is its commanding officer.

So far, this is just political theater. It seems to me that Governor Brewer is playing or scamming the people of Arizona and merely posturing for political purposes. If she had the courage to exercise her constitutional authority she would order the Guard to deploy to the border, and thus force Obama to show his hand (and McCain as well, since Johnny Mac would almost certainly side with Obama against his own state’s governor). Perhaps giving McCain cover is part of the explanation for her passivity.

BBob, I pinged you to request your take on the legal aspects of my comments.

[seemoAR]

If the States mobilize their national Guard, the Feds can nationalize them. That was done in Little Rock in 1957.

[Windflier]

Obama seems to be in lockstep with other US presidents on refusing to defend our southern border. 80% of the American public wants the border locked down, but these SOBs refuse to shut the door.

Bastards...

[cripplecreek]

Actually its a beautiful example of how the states have sold their rights.

[TigersEye]

In that case, the President has the constitutional authority to take over the Guard (federalize it).

If I am not mistaken the President cannot federalize the Nat. Guard unless the Governor requests him to do so. That was the problem in Louisiana when Pres. Bush wanted to put the LA Nat. Guard under the direction of FEMA. Gov. Blanco refused to give her permission for several days which delayed and obstructed coordination of rescue/relief efforts.

[MileHi]

This administration is doing many things the Constitution does not empower them to do. Defending the borders is an enumerated duty and the refuse to do it. Unfortunately, so did the previous two administrations refuse.

[TigersEye]

All true.

[Eagle of Liberty]

State governors do not have to request federal government permission to call up their state’s National Guard units.

Hey maybe we can contact this guy. Seems as though he may know the answer to the question.

Top Three Priorities of the National Guard:

1. The National Guard's number one priority is the security and defense of our homeland, at home and abroad.

2. The National Guard's second priority is to support the Global War on Terrorism here and abroad.

3. America insists on a relevant, reliable and ready National Guard that is transformed for the 21st Century.

Here is what they did during Hurricane Katrina:

Hurricane Katrina: National Guard’s Finest Hour

[tarheelswamprat]

If I am not mistaken the President cannot federalize the Nat. Guard unless the Governor requests him to do so.

No, that's not correct. The example I gave of President Eisenhower federalizing the Arkansas National Guard in Little Rock in 1957 demonstrates this.

The back and forth between Bush and Blanco was a slightly different situation which derived from a complex set of disaster response protocols between the fedgov and the states. Normally the asking and receiving of permissions is simply a pro forma, common sense process - most state governors are overjoyed to have the feds take the burden off them.

In LA it was complicated by the fact that Blanco, the LA Dems, and the national Dem establishment were trying to use the situation to both cover their own unpreparedness and incompetence, and to politically embarrass Bush. The basic problem in Louisiana was that Bush was trying to be too nice and allow Blanco to save face. He always had the authority to federalize the LA Guard. His unwillingness to do it and point out where the real problem lay was a bad mistake, and it cost him dearly.

[stephenjohnbanker]

“Maybe its time for the states to regain control of their guard troops.”
Cripplecreek

Maybe it is time for the states to regain control of DAMN NEAR EVERYTHING!!

[AuntB]

“How much you wanna bet the cross border traffic he refers to is the oft-repeated canard of guns headed south? “

All the extra personnel the O WH has ordered are all in Mexico. And yes, Hillary says it’s to stop OUR guns. There have been a couple recent articles on this.

[Borax Queen]

Yup, this is out-of-control, and all the hand-wringing and crocodile tears from the usual politicians, as they get in their private jets/limos to go to their safe compounds, while we’re getting run over, gunned down, robbed by these criminal invaders.

[meadsjn]

The only situational difference is who pays.

Maybe the states can withhold fuel taxes, tobacco taxes, and whatever other taxes they collect for the feds, and bill the feds for the remainder of the costs incurred in repelling the invasion across the border.

Section. 4.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;

[roaddog727]

True - but what’s your point in that?

[stephenjohnbanker]

“Yup, this is out-of-control, and all the hand-wringing and crocodile tears from the usual politicians, as they get in their private jets/limos to go to their safe compounds, while we’re getting run over, gunned down, robbed by these criminal invaders.”

I don’t know if I ever told you, but 6 years ago, a neighbor of mine in Malibu, Ca. was murdered picking up a pizza in Santa Monica on his way home from work. The illegal(with a rap sheet) murdered him, stole his watch, Mercedes, and wallet, then left his wife there to take the wrap for him.

[Eagle of Liberty]

From (start the jokes) Wikipedia - National Guard of the United States:

The National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States.[1][2] The National Guard of the United States is a joint reserve component of the United States Army and the United States Air Force and maintains two subcomponents: the Army National Guard of the United States for the Army[1] and the Air Force's Air National Guard of the United States.[1]

Established under Title 10 and Title 32 of the U.S. Code, state National Guard serves as part of the first-line defense for the United States.[3] The state National Guard is divided up into units stationed in each of the 50 states and U.S. territories and operates under their respective state governor or territorial adjutant general.[4] The National Guard may be called up for active duty by state governors or territorial adjutant general to help respond to domestic emergencies and disasters, such as those caused by hurricanes, floods, and earthquakes.[4]

With the consent of state governors, members or units of state National Guard may be appointed or deployed as federally recognized armed force members in active or inactive service.[5][6][7] If so recognized, they become part of the National Guard of the United States.[1] The National Guard of the United States units or members may be called up for federal active duty in times of Congressionally-sanctioned war or national emergency.[4] State National Guard may also be called up for federal service, with the consent of state governors, to repel invasion or suppress rebellion. It can enforce federal laws if the United States or any of its states or territories are invaded or are in danger of invasion by a foreign nation, or if there is a rebellion or danger of a rebellion against the authority of the federal government. However unlike the United States Army and other armed forces, the National Guard (under state status) cannot leave American soil. The National Guard can be mobilized if the President is unable with the regular armed forces to execute the laws of the United States.[8] Because both state National Guard and the National Guard of the United States relatively go hand-in-hand, they are both usually referred to as just National Guard.

[TigersEye]

The example I gave of President Eisenhower federalizing the Arkansas National Guard in Little Rock in 1957 demonstrates this.

That is not quite right.

Little Rock Nine

Several segregationist councils threatened to hold protests at Central High and physically block the black students from entering the school. Governor Orval Faubus deployed the Arkansas National Guard to support the segregationists on September 4, 1957.

The next day, Woodrow Mann, the Mayor of Little Rock, asked President Eisenhower to send federal troops to enforce integration and protect the nine students. On September 24, the President ordered the 101st Airborne Division of the United States Army to Little Rock and federalized the entire 10,000 member Arkansas National Guard, taking it out of the hands of Governor Faubus. The 101st took positions immediately, and the nine students successfully entered the school on the next day, Wednesday, September 25, 1957.

President Eisenhower used an Executive Order to do that. However, the law has been changed since then so you are right after all.

National Guard of the United States

13. The John Warner Defense Authorization Act of 2007 Pub.L. 109-364

Federal law was changed in section 1076 so that the Governor of a state is no longer the sole commander in chief of their state's National Guard during emergencies within the state. The President of the United States will now be able to take total control of a state's National Guard units without the governor's consent.[17] In a letter to Congress all 50 governors opposed the increase in power of the president over the National Guard.[18]

14. The National Defense Authorization Act 2008 Pub.L. 110-181

Repeals provisions in section 1076 in Pub.L. 109-364 but still enables the President to call up the National Guard of the United States for active federal military service during Congressionally sanctioned national emergency or war. Places the National Guard Bureau directly under the Department of Defense as a joint activity. Promoted the Chief of the National Guard Bureau from a three-star to a four-star general.

There is a lot more to law regarding the Nat. Guard and it is confusing. They definitely are not under the sole authority of the states.

[Kimberly GG]

Or, perhaps Obama is going to take the same position Bush did...when he said, “In order to secure the border, we MUST have comprehensive immigration reform” (amnesty). Of course amnesty will come first and the border will never be effectively secured.

[SandRat]

Border PING

[seemoAR]

The National Guard belongs to the Feds. ;0)