What about the military? OK, each state now has its National Guard. Can’t the president call them to national service and put down any rebellion by a state government? Then too, what about the national military already stationed in the states. Couldn’t the federal government use them to prevent states from splitting off (Civil War?).
“What about the military?”
In the War Between the States many Southerners were allowed to leave the US Military and subsequently fought for the Confederacy.
“OK, each state now has its National Guard. Can’t the president call them to national service and put down any rebellion by a state government?”
Sure, the president can call them. If you mean can he have the National Guard put down a rebellion by a state government when it is the home state of those Guardsmen, that’s problematical. Many or all of them might fight on the side of their home state. If you mean can he send in the National Guard from another state, that could be problematical too. If we’d had the National Guard at the beginning of the Civil War, before North Carolina seceded, would the North Carolina Guard have helped put down the rebellion by the State of South Carolina? I kind of doubt they would have followed those orders.
“Then too, what about the national military already stationed in the states. Couldn’t the federal government use them to prevent states from splitting off (Civil War?).”
I don’t think there are enough of them in any one State if the people of the State get involved, and I doubt the State Government would take action if it didn’t have a substantial number of the people behind it.
During the War Between the States the national military in terms of the Regular Army wasn’t large enough to do the job either. Volunteers from the Northern states bore the brunt as opposed to the Regular Army.
Constituionally, no.
Article 4 section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
This does not, however, says Barbeyrac, hinder but each confederated state may provide for its particular safety, by repressing its rebellious subjects. And herewith the present constitution of the United States fully agrees. For although congress are bound to guarantee to every state in the union a republican form of government, and to protect each of them against invasion; and also against domestic violence; yet this last is only to be done where the legislature, or executive of the state (where the legislature cannot be convened) shall make the application.
George Tucker Of the Several Forms of Government, SECTION XII
A State has to request assistance from or give permission to the federal government before the federal government can use military force inside the State.
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There is also-
Article VI. - The United States
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Every State as some form or other of this in their own Constitutions -
THE TEXAS CONSTITUTION
Article 1 - BILL OF RIGHTS
Section 24 - MILITARY SUBORDINATE TO CIVIL AUTHORITY
The military shall at all times be subordinate to the civil authority
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This IS all providing, of course, anyone pays any attention to any of the Constitutions.
With Obama’s lack of support in the military, I can not see American troops firing on other Americans in something like this. More likely, the national military will dissolve and members will go to their home areas and take up arms.