Didn’t Jan Brewer have the authority of the Arizona Constitution?
Ariz. Const. art. 5, § 3
The governor shall be commander-in-chief of the military forces of the state, except when such forces shall be called into the service of the United States.
http://www.azleg.gov/FormatDocument.asp?inDoc=/const/5/3.htm
Ariz. Rev. Stat. § 26-174. Arizona state guard; establishment; purpose; appropriations
A. If the national guard of Arizona or a major portion thereof is called into active federal service, or if the national guard or a major portion thereof is alerted for federal service or for any other reason the governor considers to be necessary, the governor may establish an armed force for the safety and protection of the lives and property of the citizens of the state which shall be known as the Arizona state guard.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/26/00174.htm&Title=26&DocType=ARS
Ariz. Rev. Stat. § 26-122. Components of militia
A. The militia is divided into the national guard of Arizona, the state guard when organized, and the unorganized militia.
E. The unorganized militia consists of members of the militia not members of the national guard or state guard when organized.
Ariz. Rev. Stat. § 26-121. Composition of militia; persons exempt
The militia of the state of Arizona consists of all able bodied citizens of the state between the ages of eighteen and forty-five years and all residents of the state between such ages who have declared their intention to become citizens of the United States, except:
1. Persons exempted by the laws of the state or the United States.
2. Persons with a serious mental illness, totally blind persons and persons convicted of infamous crimes.
3. Judges and clerks of courts of record.
4. State and county civil officers holding office by election, and members of the legislature.
5. Members of the clergy.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/26/00121.htm&Title=26&DocType=ARS
Ariz. Rev. Stat. § 26-172. Emergency mobilization; requests by municipalities for aid of national guard; mobilization into United States service
A. When the governor proclaims an emergency, or deems it necessary to protect lives or property, the governor may mobilize all or any part of the national guard or the unorganized militia into service of the state. The order directing the national guard or the unorganized militia, or any part thereof, to report for active duty shall state the purpose for which it is mobilized and the objectives to be accomplished.
E. If the president of the United States directs mobilization of the national guard into the armed forces of the United States, the adjutant general shall effect the mobilization speedily and in the manner prescribed. Upon mobilization into the armed forces of the United States, the national guard shall pass to federal control and shall not be subject to military laws of the state until the time it reverts to control of the state.