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To: Pearls Before Swine

That would be a true constitutional showdown. I don’t think the president can simply take over the NG unless it’s to deal with an emergency. I don’t believe he can take them over to NOT deal with an emergency.


36 posted on 07/18/2014 6:49:51 AM PDT by VerySadAmerican (Liberals were raised by women or wimps. And they're all stupid.)
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To: VerySadAmerican
I don’t think the president can simply take over the NG unless it’s to deal with an emergency. I don’t believe he can take them over to NOT deal with an emergency.

That's incorrect. Under Title 10 (U.S. Code), POTUS can nationalize the Texas National Guard in several ways and a state of emergency is not required in every case. Two examples are below. Note that each is exempt from Posse Comitatus.


46 posted on 07/18/2014 7:18:02 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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