The ability for the Prez to be able to federalize the guard is independent of whether or not a Governor has mobilized their state’s guard.
The Guard can act under two separate authorities. Don’t quote me on the numbers as I’m going off memory without double checking, but under title 32, the Governor is the Commander-in-Chief for the guard. Under title 10, the Prez is the Commander-in-Chief.
For the guard to go into title 10, it must either come at the Governor’s request when they declare that they can no longer maintain the order such as to protect the constitutional rights of the people or to execute federal laws; or when absent a request from the governor, the Prez can demonstrate that there is an invasion/rebellion that must be contained (the reason why even SCOTUS said it was unlawful for him to deploy the NG to California/Illinois).
Additionally, it is also the case that the Prez cannot use such emergency powers if the reason for the emergency in question are his own unlawful actions, like say, invading a city with a paramilitary force of 3000 who are consistently violating people’s constitutional rights, or at least not in a way that is immune from judicial review.
So, in short, Trump wouldn’t have to wait for Walz to mobilize the guard in order to use that as a backdoor to take it away from him. If the authority/conditions exist, they are there independent of the Governor mobilizing the Guard. And in no way does the Governor’s mobilization present an opportunity for the Prez to snatch it away from the Governor if the authority/conditions are not already present.
Thanx for clearing that up. I'm a bit concerned about those troops being mobilized in Alaska...& it's not concern for Minnesota. Malcolm Nance has an inneresting theory about this.
I watched Nance's take this morning. If I had to give odds, if we assume those troops will get deployed for certain, I'd say 8:2 they're going to MN rather than Greenland.
Here's why: Trump doesn't have the "I'm just doing a law enforcement operation assisted by the military" excuse that he had for Maduro when it comes to Greenland. This would be an actual military invasion for territory annexation. If he does go that route, the GOP must either impeach and remove him or announce this was an actual coup and we are no longer operating under a 3-branch system of government. I'm not sure that they're ready to do that, though I'm not sure that they can't be pushed to go in that direction.
I know. I just think it's unlikely that they'll go into Greenland because of the reason above. He can't declare war without Congress unless he's doing a coup and killing the Constitution and the GOP and the Generals are willing to tag along.
I'm not sure that's going to work for Walz--can't Donald federalize the National Guard?
The ability for the Prez to be able to federalize the guard is independent of whether or not a Governor has mobilized their state’s guard.
The Guard can act under two separate authorities. Don’t quote me on the numbers as I’m going off memory without double checking, but under title 32, the Governor is the Commander-in-Chief for the guard. Under title 10, the Prez is the Commander-in-Chief.
For the guard to go into title 10, it must either come at the Governor’s request when they declare that they can no longer maintain the order such as to protect the constitutional rights of the people or to execute federal laws; or when absent a request from the governor, the Prez can demonstrate that there is an invasion/rebellion that must be contained (the reason why even SCOTUS said it was unlawful for him to deploy the NG to California/Illinois).
Additionally, it is also the case that the Prez cannot use such emergency powers if the reason for the emergency in question are his own unlawful actions, like say, invading a city with a paramilitary force of 3000 who are consistently violating people’s constitutional rights, or at least not in a way that is immune from judicial review.
So, in short, Trump wouldn’t have to wait for Walz to mobilize the guard in order to use that as a backdoor to take it away from him. If the authority/conditions exist, they are there independent of the Governor mobilizing the Guard. And in no way does the Governor’s mobilization present an opportunity for the Prez to snatch it away from the Governor if the authority/conditions are not already present.
Thanx for clearing that up. I'm a bit concerned about those troops being mobilized in Alaska...& it's not concern for Minnesota. Malcolm Nance has an inneresting theory about this.
I watched Nance's take this morning. If I had to give odds, if we assume those troops will get deployed for certain, I'd say 8:2 they're going to MN rather than Greenland.
Here's why: Trump doesn't have the "I'm just doing a law enforcement operation assisted by the military" excuse that he had for Maduro when it comes to Greenland. This would be an actual military invasion for territory annexation. If he does go that route, the GOP must either impeach and remove him or announce this was an actual coup and we are no longer operating under a 3-branch system of government. I'm not sure that they're ready to do that, though I'm not sure that they can't be pushed to go in that direction.
Malcolm thinks they are going to Greenland from Minnesota. He says Canada will not allow them to fly thru their airspace for an invasion of Greenland.
I know. I just think it's unlikely that they'll go into Greenland because of the reason above. He can't declare war without Congress unless he's doing a coup and killing the Constitution and the GOP and the Generals are willing to tag along.
Does he have to declare war? Check out #7: https://www.fcnl.org/warpowers