“Yeah, and then Obama federalizes the Guard— which is permitted under federal law since so much Guard training dollars come from the Pentagon.”
That’s not true. A president cannot federalize the state national guards without authorization from Congress. Even if the congress were to authorize that, the president doesn’t control the state militias. Governors do. And yes, 26 states have organized state militias.
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. In a letter to Congress, all 50 governors opposed the increase in power of the President over the National Guard.
The question will be, does this constitute an “emergency” under the meaning of this law??