Posted on 07/03/2014 7:44:55 PM PDT by doug from upland
Because the President is the Commander-in-Chief of the Armed Forces of the United States, he possesses the power to federalize any National Guard unit and place it under his direct command. He could the order the National Guard unit to enforce his will, and any attempt to refuse his orders would be mutiny, punishable under the Uniform Code of Military Justice.
So this doesn’t apply?
State Active Duty (SAD)
The Governor can activate National Guard personnel to “State Active Duty” in response to natural or man-made disasters or Homeland Defense missions. SAD is based on State statue and policy as well as State funds. Soldiers and Airmen remain under the command and control of the Governor.
A good example is when Presidents Eisenhower and Kennedy federalized National Guard units in the Southern states to enforce integration, rather than enforce segregation, as the governors of Arkansas and Alabama intended.
Here is your example from 1954.
“On May 17, 1954, the United States Supreme Court ruled that racial segregation of public schools was unconstitutional in the United States. That ruling would focus the spotlight of national attention in the United States upon the Arkansas National Guard and the Integration of Central High School. The Arkansas National Guard was drawn into the conflict when Governor Orval Faubus ordered them to “Preserve the Peace” by turning away the black students who were attempting to integrate into Little Rock’s Central High School. President Dwight D. Eisenhower reacted to this use of the Guard to foil the court-ordered integration by federalizing the entire Arkansas National Guard and using it to protect the nine black students integrating Central High School.”
The actual Arkansas Guard events happened in 1957.
“By order of the president, the National Guard was thus directed to support the integration rather than block it as the units had been before. On the 24th [1957], elements of the 101st Airborne Division began arriving at Little Rock to provide additional support and took up positions around Central High.”
Eisenhower also deployed the 101st Airborne to Little Rock with bayonets drawn to “adjust the attitudes” of the Arkansas National Guard and the white citizens of Little Rock.
Yes, but the law has changed since then. Faubus was “preserving the peace.” In this case, it appears that the governor can act “in response to natural or man-made disasters or Homeland Defense missions.” This is clearly a Homeland Defense mission. I don’t think this has ever been tested. It almost looks like the case can be made that they are under command and control of the governor in that circumstance.
I guess a Governor can tell the Guard what to do, until their Commander in Chief tells them differently.
Bingo!
ok
I think the governor could activate the National Guard to protect the border, but it’s doubtful he could get the federal government to pay for it or provide any support.
0bama might even order the National Guard to stand down. Then what?
The National Guard and the Air National Guard are components of the Federal Reserves subject to the orders of the Federal commander-in-chief when on Federal active duty, but they are also subject to orders of the Federal commander-in-chief under certain limited circumstances established by decisions of the Supreme Court of the United States (SCOTUS).
State Defense Forces were supposed to be a state military or naval force which cannot be commissioned into Federal service like the Natonal Guard or Air National Guard, but the SCOTUS decisions still permit the Federal commander-in-chief to command the State Defense Forces under the Constitution’s provision for the President to command the militia operating in active state service and not active Federal service.
See the Wikipedia articel about State defense force:
https://en.wikipedia.org/wiki/State_Defense_Forces
Well that would be an interesting situation. I would like to see a governor start the ball rolling. Who’s got the guts to do it.
He could do what Eisenhower did.
The refusal of a federalized National Guard unit to obey the Commander-in-Chief would constitute mutiny, punishable under the Uniform Code of Military Justice. The President would have no choice but to send in the Regular Army or Marines to bend the Guard unit to his will.
Think in terms of what Eisenhower did in Little Rock in 1957 when he feared that the Arkansas National Guard might refuse his orders and obey Gov. Orval Faubus instead.
Eisenhower was enforcing federal court orders.
The only orders 0bama could claim to be enforcing would be his own.
Better yet, send the National Guard to DC and institute some American Regime Change
We need a constitutional amendment that says that the Guard can be federalized only by an act of Congress. If the President needs more troops fast, he can call up the reserves.
The Guard must stay under state control unless called up by Congress. This would by a check against Presidential tyranny.
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