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posted ago by Farmerbob1 ago by Farmerbob1 +546 / -0

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.

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TinCanToNA 3 points ago +3 / -0

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.

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Farmerbob1 [S] 3 points ago +3 / -0

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.

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TinCanToNA 3 points ago +3 / -0

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.