>>> [EMAIL PROTECTED] 05/13/06 7:40 PM >>>
Yes! There are "red herrings" to be pursued!
Governors & constituents to be coerced!
Tightening the border
Newsday.com via Topix.net
BY CRAIG GORDON
May 13, 2006
The National Guard plans appear to offer Bush something he badly needs
-
a way to do better at sealing off the leaky border in the face of
complaints by state officials that they can't handle the problem on
their own.
In addition, National Guard forces could be deployed almost
immediately,
as a temporary measure, while additional Border Patrol agents are
trained. The cost and duration of any possible deployment was unclear
Friday night.
But the plan would pose risks as well, not least of which is the
specter
of the United States militarizing its border with a friendly neighbor,
Mexico. In addition, the National Guard already is facing severe
strains
from repeated deployments to Iraq - a concern that arose when state
governors needed reservists to deal with Hurricane Katrina.
<<<<<>>>>>

congress authorized presidents to employ state militia (now called
national guard) in early days of the republic pursuant to article 1,
section 8, clause 15 of the u.s. constitution, congressional language
authorizing presidents to *federalize* refers to situations involving
combinations of persons to powerful to be dealt with through
conventional procedures, but presidents have done so in order to take a
state's guard away from gubernatorial command...

current federalization is governed by so-called montgomery amendment
(named for long-time mississippi house member sonny montgomery who died
the other day) that congress enacted after several governors objected to
reagan calling their respective state guards into training exercises in
Honduras in early '80s, in sustaining the constitutionality of
montomgery, a unanimous supreme court rejected gubernatorial claims that
the amendment violated clause 15 which provides for calling the guard
into federal service for 3 reasons - execute federal laws, suppress
insurrections, repel invasions, court's ruling held that clause 15 must
be interpreted in terms of article 6 *national supremacy*, justices also
so noted that congress provides most of the funds for the guard...

increased use of national guard troops in u.s. wars since vietnam can
be traced to nixon secretary of defense melvin laird's *total force
policy* which was intended to partially accomplish - without specific
congressional authorization - what both wilson and truman
administrations had failed to do, make federalization of national guard
a permanent
fixture of u.s. military...   mh






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