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To: Jim from C-Town
Governors cannot unilaterally call up the National Guard for reasons associated with an exigency beyond state borders. Likewise, were a governor do so and was overruled by the President (whose authority has higher standing) significant
embarrassment (or something like it) would surely follow.
6 posted on 07/09/2014 7:31:13 PM PDT by yetidog
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To: yetidog
U.S. Const. art. IV, § 4 mandates the Federal government protect states against Invasion. The Federal government has not performed.

U.S. Const. art. I, § 10 No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

U.S. Const. amend. X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

All States retain the right to self defense. The Federal government has refused to provide for the common defense, the raison d'etre for the Federal government. The States must repel invasion or the people will.


Texas

The Texas Governor has the authority to call forth the state military forces and the reserve militia to repel the invasion.

Tex. Gov. Code Sec. 431.071
http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.431.htm#431.071

Tex. Gov. Code Sec. 431.001
http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.431.htm#431.001

Tex. Const. art. 4, § 7
http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.4.htm#4.7


Arizona

The Arizona Governor has the authority to proclaim an emergency and mobilize all or any part of the state guard or the unorganized militia into service of the state.

Ariz. Const. art. 5, § 3
http://www.azleg.gov/FormatDocument.asp?inDoc=/const/5/3.htm

Ariz. Rev. Stat. § 26-174.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/26/00174.htm&Title=26&DocType=ARS

Ariz. Rev. Stat. § 26-122.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/26/00122.htm&Title=26&DocType=ARS

Ariz. Rev. Stat. § 26-121.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/26/00121.htm&Title=26&DocType=ARS

Ariz. Rev. Stat. § 26-172.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/26/00172.htm&Title=26&DocType=ARS

N.B. Unlike Arizona SB-1070, these do not pertain to immigration but to a proclamation of an emergency and the protection of lives or property.



There is no reason for Governors to stand by idly when the law supports States 100% and the Federals violate law.
8 posted on 07/09/2014 7:34:06 PM PDT by Ray76 (True change requires true change - A Second Party ...or else it's more of the same...)
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To: yetidog

But he can call up state guard


9 posted on 07/09/2014 7:35:18 PM PDT by john316 (JOSHUA 24:15 ...choose you this day whom ye will serve...)
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To: yetidog
The federal executive has no authority to alter a state constitution.

The federal executive has no authority over the Texas State Guard.

The federal executive has no authority over the Texas reserve militia.

The federal executive does have authority over the Texas Army National Guard and the Texas Air National Guard only when they are called into actual service of the United States. At all other times the Governor is the Commander in Chief of these forces.

10 posted on 07/09/2014 7:35:35 PM PDT by Ray76 (True change requires true change - A Second Party ...or else it's more of the same...)
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To: yetidog

He can declare a state of emergency and call up the Guard.

Obama could sue, but he wouldn’t. He could attempt to over ride Perry, but Perry could refuse based on the rights of his sovereign state. Obama has not nationalized the guard. It remains under the control of the Governor. That would then require Obama to sue in the Federal Court. and we know how long that takes. Obama will be out if it ever gets to the SCOTUS.

Perry takes the same oath to defend his state as the POTUS does to defend this country.

Lawlessness beget lawlessness. You reap what you sow!

It is time SOMEONE stood up to this Mulatto Moron and his tyranny!


12 posted on 07/09/2014 7:41:35 PM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: yetidog

Governors cannot unilaterally call up the National Guard for reasons associated with an exigency beyond state borders. Likewise, were a governor do so and was overruled by the President (whose authority has higher standing) significant
embarrassment (or something like it) would surely follow.


Perry can also refuse the Presidents authority.

We have a crisis and the President is not acting in the interests of the U.S.

The stand off would obviously create a constitutional crisis, but Perry has the support of the American people


13 posted on 07/09/2014 7:42:20 PM PDT by rdcbn
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To: yetidog
Here's something interesting about the National Guard I found on Wikipedia. Doesn't this imply that the President can issue orders to the Guard only if Congress approves?

The National Defense Authorization Act 2008

Repeals provisions in section 1076 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.

14 posted on 07/09/2014 7:42:54 PM PDT by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: yetidog

Then he should immediately have defaulted to the TX Rangers and State Troopers. “Perry call the ball.” “Roger, ah, no ball, no ball.”


41 posted on 07/10/2014 9:35:38 AM PDT by PeteePie (Righteousness exalts a nation, but sin is a reproach to any people - Proverbs 14:34)
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To: yetidog
I disagree. If Perry were to call up the National Guard and then Obama fought back, Perry would be seen as a hero instead of a wimp.

That's what Obama would do if the tables were turned, and no one would stop him. In fact, isn't that what Obama did.....he's daring those govs to stand up to the border treachery, knowing they're cowards when it comes to real action.

47 posted on 07/10/2014 10:21:58 AM PDT by grania
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