Posted on 03/11/2009 7:18:02 PM PDT by van_erwin
Just a dumb question, but don’t the National Guard troops technically report to the Governor of the state where they serve? And is it not up to the Governor whether to send troops in response to a polite request from Mr. Obama?
“whether and if” - makes Dan Quayle look sharp.
Don’t think Posse Commitatis counts when you are using the army to guard the border. It’s not law enforcement to stop an armed invasion.
What does "fiscal punishment" mean??? Take their pesos?
We can defend OUR border even if you get in the way.
The President can “federalize” NG.
He’ll send them, but they won’t be armed.
Everybody here - stop guessing what the National Guard can do and do some research. (But don’t feel too bad - the Obama people are equally clueless on the use of the Guard.)
Until the Guard is federalized (placed under federal authority under the provisions of USC Title 10) the President has no say. The Guard reports to its governor as commander in chief. If you don’t like that, rewrite the Constitution, because that’s what it details.
Once federalized, and there are limits as to the number that can be federalized and the length of their tour, they are no longer National Guard and thus become subject to Posse Comitatus provisions. Other than self defense, there’s not much they can do, and no, they can’t shoot anybody, since no war has been declared with Mexico.
If the Guard remains under state control, then Posse Comitatus does not apply, and the governors can use them in much more flexible ways - as police, riot control, etc., depending on state laws and empowerments (every state is different). They can also set up compacts with other states, and numerous ones already exist. There are also dangers in this approach, such as exposure to liability and criminal prosecutions should they harm someone. Remember Ramos and Compean?
So don’t be like the moron Obama about using the Guard until you know the details.
And remember, the Guard is not a full time force - it’s the guy next door with a regular job. He’s already had his life disrupted for his third tour in the sandbox, and now you want to tear him away from his job and family on a useless mission to make some politician look good? I think not. Go yourself or join the Minutemen.
As far as posse commitatus is concerned, that's a deal involving domestic police operations and authorities.
The border is an international line on the ground to the center of the Earth and to somewhere in space where an international treaty applies, and it simply has nothing to do with posse commitatus.
We've been over this many times on FR. Nothing new here.
You don’t have a clue as to what you are talking about.
Please don’t continue to embarass yourself.
The Congress may, through legislation, "...... provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;..." and presuming the President has given assent to such legislation, he may act as: "..... Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;..". The President also ".....shall take Care that the Laws be faithfully executed,..."
In short, the NGs can be federalized, and the President can direct them to do whatever is necessary to repel all borders at the border.
Nothing could be simpler.
BTW, Mexicans are Mexicans, and unless they have visas they're not really here, and if they "threaten" to assault our troops they may be fired upon.
Now, about doing "police work", the military can back up other federal officers in the performance of their duties. Doing "police work" more properly the job of the states, that's where posse commitatus comes into play.
Congress can change that law too.
If you want to argue that it's Texas border and not the USA border, that's an argument for another time.
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