The governors of the various states have to
release the NG troops before the feds can use them.
==========
Bullshit. That hasn't been the case since 1973. I googled a few
resources for you.
"The 2007 Defense Authorization Act did contain language to broaden
the president’s powers to federalize National Guard units and to use
federal troops in domestic situations. When the Defense Authorization
Act went to a House-Senate conference, the Senate version included a
section that was intended to strengthen the independence of the
National Guard by raising its bureaucratic profile, requiring the
Pentagon to provide more and better equipment, and emphasizing the
Guard’s role in responding to domestic disasters. When the conference
ended, these proposals had been stripped from the bill, and in their
place were revisions “making it easier to usurp the governors’ control
and making it more likely that the President will take control of the
Guard and the active military operating in the states,” according to a
statement by Senator Leahy on the Senate floor, just before the Senate
approved the conference report.
"Federalizing the National Guard is not a new practice – Presidents
have used this option from time to time since the Whiskey Rebellion of
1791. But the laws which have allowed for this blurring of lines
between federal and state authority have named certain conditions that
must pertain before the President can take over control of the
National Guard in a state without the request of that state’s
governor. These conditions have been fairly limited to “insurrection,
domestic violence, unlawful combination, or conspiracy” that deprives
part of a state’s population of their Constitutional or statutory
rights, or situations where the laws of the U.S. cannot be enforced
“through normal judicial proceedings” because of “unlawful
combinations, or assemblages, or rebellion.”
"The new language loosens up the circumstances under which the
President may federalize National Guard units or bring in federal
troops." http://www.fcnl.org/issues/item.php?item_id=2175&issue_id=67
"
Friday, January 12, 2007
Governors lose in power struggle over National Guard
By Kavan Peterson, Staff Writer
"A little-noticed change in federal law packs an important change in
who is in charge the next time a state is devastated by a disaster
such as Hurricane Katrina.
"To the dismay of the nation’s governors, the White House now will be
empowered to go over a governor’s head and call up National Guard
troops to aid a state in time of natural disasters or other public
emergencies. Up to now, governors were the sole commanders in chief of
citizen soldiers in local Guard units during emergencies within the
state.
"A conflict over who should control Guard units arose in the days
after Hurricane Katrina in 2005. President Bush sought to federalize
control of Guardsmen in Louisiana in the chaos after the hurricane,
but Gov. Kathleen Blanco (D) refused to relinquish command.
"Over objections from all 50 governors, Congress in October tweaked
the 200-year-old Insurrection Act to empower the hand of the president
in future stateside emergencies. In a letter to Congress, the
governors called the change "a dramatic expansion of federal authority
during natural disasters that could cause confusion in the command-and-
control of the National Guard and interfere with states' ability to
respond to natural disasters within their borders."
http://www.stateline.org/live/details/story?contentId=170453
And let me point out that this was for emergencies within the US.
There was no authorization from governors to allow their troops to be
used in Iraq. There were numerous complaints about the federalization
of troops for Iraq and the deterioration of their equipment but not
one claim the feds had overstepped their power.
"Governor Edward G. Rendell today urged U.S. Defense Secretary Donald
Rumsfeld to put aside the Army’s plans to cut up to 24,000 National
Guard soldiers nationwide.
“I will not stand by and let needed resources be cut from the
Pennsylvania National Guard, and I daresay my fellow governors will
have the same reaction,” the Governor said in a letter to the
secretary. “I ask you to join me, my fellow governors and the Nation’s
adjutants general in putting aside this ill-conceived proposal to cut
the National Guard.
“Major changes to National Guard units require careful coordination
with the states and the consent of the governors.”
"Last year, Governor Rendell and Pennsylvania U.S. Senators Arlen
Specter and Rick Santorum joined together in a lawsuit that resulted
in the U.S. District Court for the Eastern District affirming their
argument. The court ruled that the Department of Defense’s attempt to
deactivate the 111th Fighter Wing of the PA Air National Guard was
“null and void” without the Governor’s approval.
"Under the Army’s latest plan, one active duty and six National Guard
brigades, primarily heavy (armor or mechanized), would be eliminated.
Pennsylvania is home to two of the nation’s 10 heavy brigades. The
28th Infantry Division, also known as the “Keystone Division,”
includes brigades that have fought in Iraq, helped Gulf Coast
residents recover from Hurricane Katrina and were first to respond
after the 9/11 attacks.
"These soldiers have answered the call and stood up for their nation
and their commonwealth at great personal sacrifice,” Governor Rendell
said. “The President sends these soldiers off to war, requires them to
leave some of their valuable equipment behind when they redeploy, and
now the Army is planning to tell them we don’t need them anymore.
http://www.state.pa.us/papower/cwp/view.asp?A=11&Q=449228
Although the courts ruled in favor of the states as far as the closing
of the base, you might want to note that the Pennsylvania governor
stated that "The President sends these soldiers off to war".
And just to be nice I'll give you another link where Rumsfeld was said
to have acted illegally in the fulfillment of the Reagan base closure
act.
http://www.redorbit.com/news/general/221327/us_court_rules_national_guard_base_closure_illegal/
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