I am pretty certain that the President has the authority to override State Governments when it comes to the use of National Guard and Reserve units.
The federal government basically loans out Reserve and Guard units to States in return for help paying for maintaining them, but, in the end, the Federal government trumps (pun intended) the States in regards to Guard and Reserve units.
I hope Pres tweets about this, shining a spotlight on these roaches.
I live in NC. I will go to VA and fight. This supercedes a state's issue. It's clearly designed to normalize the erosion of rights and civil liberties.
Hey - you fucking federal bureaucrat leech faggot reading this - YES - I just said I would fight. God willing, you'll wind up in my sites should you fucking dare try anything.
Please. Sunlight is the best disinfectant.
Wolverines!
This is correct. They are federal troops in the federal chain of command that get paid by the federal government and receive federal benefits, that are stationed in the states to assist with things that states don't have the resources or manpower to handle themselves, like natural disasters or riots.
The main difference is that they are part-time servicemen, only having to report for duty 1 weekend per month and 2-3 weeks once per year, unless they are called up by the state government or deployed overseas for a tour of duty with the full-time troops. Federal authority ALWAYS overrides state authority when conflicting orders are given.
Posse comitatus. The gov would be breaking the law I think.
Doesn't apply to the governor's title 32 (state active duty) activation of the national guard as it is not federal service. Hence why they are able to declare martial law and do policing activities. Title 10 (active duty) is federal service, which would be covered by the posse comitatus is when the president or pentagon activates the national guard into service
It is not correct. National Guard are covered under Title 10 and Title 32. The distinction between those is absolutely key, but way above a forum conversation.
The bottom line is this: The federal government can force the National Guard to deploy overseas, but within a state things are different.
Like I said. The prez can nationalize them and deploy them keeping them from being used. Six months of work ups at fort hood or Irwin and then send em home after the governor is out in his place.
They've been voted in for a month and they've begun pushing these unconstitutional laws. Virginia is the first real battle in this culture war.
There's no way the NG would fight against their own neighbors, especially with the goal of taking their method to defend against that very idea. Push for your county/city to become a 2A sanctuary. Let them know we'll fight back.
I suspect that most would surround the VA capitol and put an end to the whole thing.
1776 called
1861 :)
They haven't even been sworn in yet, the current legislation is from the democratic sewer rats that are already there.
The constitution was written to restrain the government from taking our natural rights. Period. It is the documents sole purpose.
See, the VA National Guard cant say they will disobey lawful orders at this point (I use the word lawful in the loosest possibly way). Once the orders are given they can shoot it up the chain of command to get the order overturned. This is more what I see happening then an outright refusal.
Yes, correct. It is not appropriate for the guard leadership to deny orders they have not yet been given.
However, the President can make a statement that the guard and reserves will not be allowed to participate in any constitutionally questionable search and seizure, and might actively defend the citizens of the state if the State attempts to seize private property in support of an unconstitutional law.
Agree whole heartedly.
Also the equipment is on loan from the feds and can be retrieved at will.
I'm at the point where I am halfway convinced these idiots want to start the boogaloo.
I've been thinking the same thing of late. It seems like they are just poking and poking to start the US Civil War 2.
I am guessing that is so that Russia and China could invade during the turmoil.
A lot of people missed the end goal of 2016. The goal was for a few right wing groups to do the rioting, or at least some paid actors to wave some flags around and make it look like right wing groups. They were most definitely egging on a reactionary cascade so they could claim "Look how violent they are, look how uncontrollable they are, look how much we NEED to take their guns away, all because a woman won the presidency!"
That's all part of what was supposed to happen in 2016. They want us to start shit, so that they can claim victomhood and run roughshod over the constitution to the roaring applause of the useful idiots.
I still dont believe they could. Eight now it's basically American v America. You get China or Russia trying to invade forcefully during the melee that's immediately cause Americans to band together to fight them off. Patriotism is still strong when it's a different country vs the USA.
Agreed
Keep looking for the trigger. I think the media will say trumps opponent won no matter what happens and they'll all stick too it trying to delegitimize the next election. Trump will actually have won and will naturally take office but the idiots will go to war over it.
My belief as well. Well said
Who?
That's why VA dems are now trying to push through legislation that makes it a fireable offence if a police officer refuses to confiscate guns.
The Democrats will be forced to walk back on these laws or they will die.
Sic simper tyrannis
I was hoping others would catch on to this. History will likely repeat itself if Gov. Blackface tries this.
Anybody heard of Gov. Orval Faubus? Surely some of you have from your high school history classes. He tried to use the Arkansas National Guard to block public school integration following Brown v. Board of Education, but Republican President Eisenhower simply federalized the state National Guard, took control of it, and ordered them to oversee integration.
https://www.history.com/this-day-in-history/central-high-school-integrated
The reason for doing so was that the Governor was violating federal law requiring integration (the Brown decision).
If Governor Blackface tries to confiscate guns with the Virginia National Guard, he will likewise violate federal law (the DC v. Heller and McDonald v. Chicago decisions) which states that citizens have a constitutional right to own commonly used guns traditionally used for a lawful purpose (and without having to use trigger locks, I might add). All the president has to do is federalize the Virginia National Guard and order it to stand down, or even better, order it to prevent any gun confiscations.
States have an inherent right to maintain and call forth their National Guard units because they are the "organized Militia" under federal statutes (generally, able-bodied males ages 18-45 who are not in the reserve forces are the unorganized militia). However, both the president and congress have the right to call forth the militia as well, which naturally involves federalizing it:
https://causeofliberty.blogspot.com/2011/11/call-forth-militia.html
...shall not be infringed?
Have been infringed since before NFA of 1934. My dream is that someday the entire United States is a 2a sanctuary.
Virginians need to go to the capitol and drag Gov. Blackface Babykiller out of his office by force! This guy is one month in and already thinks he is Sadaam Hussein of Virginia!
technically 2 years into a 6 year single term. He is emboldened because the legislature just flipped to blue.
We have 4 years left of this POS
Fortunately, the VA Governor only serves a 4 year term. He's gone in 2022.
Supremacy Clause
VANG won’t mobilize. Any attempt to order them to do so would be terminal for whoever gives the order. Most of VANG are people that did NOT vote for those Dem nutjobs, and are all citizens of Virginia. The dems have watched too many reruns of Emperor Palpatine giving Order 66.
Please NEVER assume VANG would point their guns at the VA populace. It absolutely can’t happen. If I was in VANG, I’d be nervous as fuck even if I was staunchly pro-gun and would never respect such an order. Why? Because people are posting shit treating VANG members as some kind of mindless drones that work for the dems.
Folks here need to be careful of what they’re posting/saying. Don’t dehumanize VANG, please.
My VA Nat'l Guard buddies are certainly not drones. They would more likely turn their weapons on the VA Governor and arrest him rather than infringe on the 2nd Amendment. Democrat politicians are OUT OF TOUCH with reality. They have no idea what will happen to them if they try restricting arms here in VA. They can't even imagine the reality that they will be confronted with. They are dealing with a huge population of folks that are people of action, not of words.
My cousins in East Tennessee are planning to go help the Virginia folks.
Well-said.
I dont know how the military would let this happen. This would tremendously hurt their recruiting of younger generations. " oh you're going to the army recruiter, remember when the government made the army attack civilians?!" You know that's how itd go.
You think that would bother Democrats in the least, if they somehow managed to disarm the citizens? They'd just import some MS-13 and put them in uniforms.
Governor Blackface actually thinks it's within his power to cut off all utilities to people who don't surrender their arms. If someone pays their utility bills, they then have a RIGHT to those services. The governor does not have the power to deny them to enforce an unjust law.
In certain circumstances the government certainly has the right to disable utilities. Electricity and data are not inalienable rights, as anyone who lives off-grid can tell you.
I do not believe they could justify disabling utility services in order to commit federal crimes against citizens though, no matter what state laws they enact.
They could shut down all the power and in one week the shit would be out of hand in the cities. Then the national guard gets called to restore order and the next order is to take guns to quell the problem thay is being false flagged all over VA.
In 2017, a professor researched the Presidents power over the national guard
"Under the constitution, the president has the authority to be the commander-in-chief of the National Guard when it's been called up, among other things, to enforce the laws"
https://fox17online.com/2017/02/17/professor-explains-a-presidents-authority-over-national-guard/
Yup. Eisenhower did this in AK when he Federalized their National Guard posts.
Reserves are never part of the state governments at any time and are always federal.
Not an expert in the National Guard, but I think you have it backwards. They are dual state/federal entities that get loaned to the federal government for overseas operations, even without the governor's consent.
The encroachment of the federal government into the National Guard is a little-mentioned aspect of modern federalism that is worth a discussion.
As it is though, for intra-state operations, they operate as Title 32, not Title 10. The President could give the order to stand down but it probably would be rejected by a conservative Supreme Court.
I was in the national guard. Active duty service time in the National Guard counted towards Federal military service active duty time, for retirement purposes. The State offered no pension benefits to guard members.
Pretty sure that means that the Federal government is calling the shots.
Right, that's the Title 10 part which is the "military" part of the U.S.C.
Title 32 is different, and within each state there are laws and procedures for their National Guard units.
The federal dollars serve as the bribe, which is how the federal government convinces and often coerces the states to do what it wants.
The prez can nationalize the Va guard, send them out of state. Plus the cops need to keep their oaths to the constitution. How do you threaten to imprison or fire cops for not violating the U.s. constitution?
Relax. He won't do it. I'm certain he's been told that it's unlawful without a law passed by the legislators. That law would then be challenged and take years to wind it's way through the courts.
Everyone knows it's illegal. Federal law usurps State Law in all cases.
"Federal law usurps State Law in all cases."
Not always. But in this case, when dealing with a Constitutionally protected right, yes.
The best counter-example I can think of offhand that makes and sense is that laws defining illegal drugs is a very grey area for the Federal government to be involved in.
I do not believe the Constitution allows the Federal government the right to declare any domestically-produced commodity strictly illegal, though it can set taxes on them.
But they did it anyway. Some of the states are certainly looking towards starting a legal fight about it, and the Feds don't want to have that fight. That's why so many states are getting away with defying the federal laws about marijuana.
I doubt National Guard gives a flip what Governor Blackface Baby Killer says. It’s like what happened in Romania.