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.
But he can call up state guard
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.
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!
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
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.
Then he should immediately have defaulted to the TX Rangers and State Troopers. “Perry call the ball.” “Roger, ah, no ball, no ball.”
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.