Posted on 08/24/2005 3:45:54 PM PDT by SmithL
I remember when our Guard unit got Bradleys in 1990, we received the oldest, most worn out tracks the Army had. During the five months we were activated for Desert Storm, it was considered a good day if half the vehicles weren't broken down.
"It is an interesting state's rights issue - who owns the national guard? The states do, unless federalized in time of war."
Not really. That question has been litigated and the states lost. Back in the 1980's when all the libs were upset at Reagan over his operations against the Sandinistas and other Central American communists and when DoD was sending a lot of guardsmen to Central America for "Annual Training", Dukakis (Gov Mass) filed suit claiming that he could prevent Mass. Guardsmen from being ordered to Central America.
He lost big time. USSC ruled that the federal government exercised 'plenary' powers over the NG.
Encarta defines 'plenary' as: "full or unlimited: full and complete and not limited in any respect." IOW, the federal government owns the guard lock, stock, and barrel. The govenors only get to use the guard when and if the feds aren't using them.
BTW, this case (belive it was Dukakis v. (Sec Defense)) really puts the kibosh to the libs arguments that the 2nd Amendment only applies to the NG. The NG cannot be the equivalent of the militia since the founders intended the militia to be independent of and beyond the control of the federal government. Any thing the feds have 'plenary' powers over cannot be considered independent.
BTW, I'm retired NG.
I dunno.
I think I will defer to post 22.
That pretty much sums it up.
Ah. new information. Thanks.
works for me!
When I was in the OHARNG, we have M16 A1s!!!
This was from 1998 to 2001....
We didn't get our A2's till '92, not that it mattered to me, since I carried an M203 throughout my six years in the Guard.
As for the Bradleys, they replaced the M113 in our brigade. They should have kept the old boxes. Ours were Vietnam era, but you couldn't break them if you tried.
There might be a basis for a claim of reimbursement on that evidence.
Whats your mos mike?
it was 13F...
>> If so, why are the GOV's CINC's of the state guard units?
I believe the State Guard units are created under the militia clause, not the power to raise armies. The primary difference is the National Guard officers are bona-fide U.S. Army officers.
Anyway, there was a court challenge several decades ago by a governor (I believe from Mass) who did not want his NG units sent out of the country. He claimed the NG was the militia and was therefore not a foreign fighting unit. The Supreme Court disagreed stating the NG was created under the power to raise armies, not the militia clause, and therefore militia rules did not apply. I cannot remember the name of the case.
Thank you for your service and protecting my family.
Be careful if you have to go back.
Ken
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