Federal Activation
Under the 1933 National Guard Mobilization Act, the president could only activate the Guard following an emergency declaration by Congress, but the Armed Forces Reserve Act of 1952 removed that requirement, allowing the president to activate the Guard with the consent of the governor. Generally, federalized Guard units serve in combat zones and overseas disaster relief missions. When federalized, Guard members fall under the jurisdiction of the Uniform Code of Military Justice and may receive medical benefits under TRICARE, the military’s health insurance program.
State Activation
To maintain a Guard unit, state constitutions must authorize them. While the exact procedures vary, state governors have the power to activate their state’s guard units, and members operate under the state’s National Guard regulations. Generally, governors use Guard units to assist in disaster relief, but in 2010 the governor of Puerto Rico activated the Guard to assist law enforcement with a crime wave on the island
The most important part to remember is that Article 4 Section 4 of the Constitution states:
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.
It is the first responsibility of the federal government, not the states, to protect the states borders. In the event they don’t the states and the citizen act to protect themselves.
Obama is refusing to do his job in respect to this situation (and many many others)
thanks, lily - I posted before I read your good explanation.