“This sets up a dilemma for Obama. Perry would be defending the border, while Obama will oppose him because the Federal Government has the responsibility to secure our borders, which it refuses to do. So, will the Federal Government tell its troops or officers to use deadly force to enforce its decision NOT to secure our borders? In essence will the personnel under his control be willing to commit an act of war against the United States by using deadly force against U.S. National Guardsmen?”
Should Perry activate some units of the Texas National Guard, it could setup an interesting situation between the Feds and Texas. I’ve just read the Posse Comitatus Act; not a lawyer, but if I understand this law correctly, if a governor activates his/her Guard for an emergency then it is exempted from the act. Meaning as I understand this law, the governor has the authority to set the rules of engagement, which I believe would include deadly force. However, it seems to me that the PCA prohibits the Feds from doing this. Sooo, seems to me that if troops are going to be utilized along the border then under state juristiction is the right way to do it, especially being that the drug cartels are now using 50 cal Barrett’s....
When I mentioned DHS, I am talking about Department of Homeland Security, and trust me, I would never confuse them with real cops - The Texas Rangers! I think you are right about setting the rules of engagement by a Governor. In a riot situation, if the Governor tells the Guard to shoot the looters, then shots will be fired at looters.