Because the President is the Commander-in-Chief of the Armed Forces of the United States, he possesses the power to federalize any National Guard unit and place it under his direct command. He could the order the National Guard unit to enforce his will, and any attempt to refuse his orders would be mutiny, punishable under the Uniform Code of Military Justice.
I think the governor could activate the National Guard to protect the border, but it’s doubtful he could get the federal government to pay for it or provide any support.
0bama might even order the National Guard to stand down. Then what?
We need a constitutional amendment that says that the Guard can be federalized only by an act of Congress. If the President needs more troops fast, he can call up the reserves.
The Guard must stay under state control unless called up by Congress. This would by a check against Presidential tyranny.
when soetoro tries to take command they say "screw you".
Obviously soetoro cares nothing about the Constitution or the rule of law and is purposely undermining the Republic.
It is treason and this is for real.
Why put them on the borde? They will have no authority whatsoever to apprehend or detain illegals. They won’t even be allowed to repel Mexican Cartel paramilitaries
I doesn’t matter, when the NG is on the border they are not allowed to be armed and I would not ask anyone to serve here that is not armed. They are also not allowed to actually stop anyone, they have to hand anyone they might encounter to Border Patrol. Putting the NG on the border is theater, that is all. If it worked like it should it would be a great idea.
All I know is that when Bush put the NG on the border illegal traffic stopped almost overnight.
We the people are the Militia. The Guard is the Federally recognized Militia. SAD and Title 32 gives the Militia law enforcement capability. When the Guard was put “on the border” before, I don’t think they were called up under either provision so they could not do law enforcement. If there is a question, they also could be deputized. There are a lot of unemployed people that would be glad for some sort of paycheck under SAD. Unemployed ex-military and ex-law enforcement (or retired) come on down. We will set up a paid rotation schedule that fits your needs. Bring your own weapon and ammo; we will provide a chair, food, drink and regular breaks. Just a suggestion.
The problem with the state Governor calling out the guard for duty on the border is two-fold:
1. How long can these folks stay away from jobs and family since the duty of guarding the border in the absence of Federal actions to defend the border of the country seems to be off the table?
2.Is there any guarantee that the State will be reimbursed for conducting an action that is properly the concern of the Federal government but contrary to the President’s policy on illegal entry into the country?
Active Duty/ Guard ping.
OK so Perry calls up the National Guard on his own authority as governor and sends them to the border. Who is responsible for paying their salaries, food, fuel for their vehicles and helicopters, so on and so forth? Based on that chart it looks like the state is.