[MplsSteve]

You said the state had to approve the federalization of the National Guard.

In 1962, President Kennedy nationalized (by executive order) the Mississippi National Guard in preparation for the admittance of James Meredith to the Univ Of Mississippi.

Kennedy was concerned that Gov Ross Barnett would actively use the Guard to keep Meredith from registering for classes there.

In 1962, there was no way that Barnett or the Legislature would have allowed this to happen.

Have laws changed since then that prohibits the President from nationalizing Guard units w/o state approval?

[maryz]

Have laws changed since then that prohibits the President from nationalizing Guard units w/o state approval?

I've read that the law was changed precisely to prevent what Kennedy (and before him Eisenhower) did from happening again. Don't recall the details, but I'm sure you can find them.

[RDTF]

They just asked Chertoff a related question (re; no control over NG) in the press conference on now

[Spktyr]

Yes, they have, and besides which, Kennedy had a friendly Supreme Court - they were pissed off at Mississippi for ignoring their order.

[Cboldt]

You describe a situation where the Feds came in to enforce Fed law in the face of a governor who was determined to flout Fed law.

See the difference? Feds come in when governors either flout Fed law, or when the governors ask the feds to come in.

[Rokke]

I believe with both Kennedy and Eisenhower, Guard troops were federalized so that they couldn't be used by State Governors to violate federal law. In both cases, I believe (not sure) the Guard troops were federalized and ordered NOT to respond, while other federal troops were used to ensure federal laws were enforced.

New Orleans is an entirely different matter. There are no laws being broken by local officials. Just gross incompetance. The last time the Federal government sent in troops to rid a state of its incompetant leadership it was called "the Civil War".