Can A Governor Use The National Guard
governor guardEach state and territory in the United States has a National Guard that is under the direct control of a states governor. Title 32 or Title 10.
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The same would happen today.
Can a governor use the national guard. Yes Virginia the governor really can use the National Guard to enforce gun control. What this generally means is that if a state governor wants to use his or her National Guard thats fineinside state lines. Under state law the national guard may be activated by governors as Nixon has done in Missouri to respond to domestic emergencies such as natural disasters and civil disturbances.
But can the governor do this. The Insurrection Act gives the president authority to call on military and National Guard forces to suppress an insurrection if a state requests it if there is an insurrection that makes it. The Washington Examiner takes a look at the issue and reports that several experts say yes the governor can.
Arnold Schwarzenegger R-Calif did in 2006 when Bush requested that his state more than double the number of National Guard personnel deployed. President Kennedy federalized his National Guard and at that moment the Governor lost command and control of his National Guard. Code federalizes the Guard and gives the president full control of the troops.
No remember back to the Civil Rights movement when Governor Wallac stood in front of the door of the University to stop blacks from entering. The Governor of Virginia sent VA National Guard members to assist in handling the January 6 2021 insurrection at the request of the Mayor of the District of Columbia. The 100 percent Federal cost share for use of National Guard forces authorized by section 2b of this memorandum shall extend to and shall be available for orders of any length authorizing duty.
The president can legally utilize the Guard though two legal statues. However if a National Guard mission were ordered under another federal law called Title 32 the protocol could be different. They can be federalized for national missions but that is not the same as the presidents taking over a states guard.
Title 10 of the US. So thats what leads me to believe that yes the governor can activate the National Guard to enforce even a state law Gary Solis a military law professor at Georgetown University told the WashingtonExaminer. When approved by the Governor National Guard units operating in a state active duty or Title 32 status may provide National Guard law enforcement support to include direct participation in civil law enforcement activities such as searches seizures and detention.
When the president federalizes National Guard troops they can be used in domestic emergencies much like they are used in state emergencies. Under Title 32 status a guardsman is activated by and remains under the control of the governor but is paid for by the federal. Lieu is correct that the authority Trump cites in his memorandum allows governors to refuse the request to send National Guard troops to the border.
While state governors command their states guard troops each state has an adjutant general who acts as a liaison interpreting the governors orders into specific tactical decisions. Trump can federalize the National Guard forces and theres not much the governor can do to prevent that Hockaday said. They can also refuse to send troops as then-Gov.
If a cities police force is engaged in some kind of insurrection against the authority of the State the Governor can deploy both State police and the National Guard against them. The governor can call the National Guard into action during local or statewide emergencies such as storms fires earthquakes or civil disturbances. Fortunately the National Guard can be activated in a third way.
The National Guard is often deployed for things like flood control. When National Guard units are not under federal control the governor is the commander-in-chief of the units of his or her respective state or territory such as Puerto Rico Guam and the Virgin Islands. The DC Mayor was authorized to make this request and the VA Governor was authorized to honor this request thanks to the Emergency Management Assistance Compact.
In response to the 75 counties that declared themselves Second Amendment Sanctuaries several Democrats called upon the governor to use the National Guard to enforce gun control laws. Her spokesman Bryan Hockaday acknowledged she might not have a say if Trump uses the federal code. In addition the President of the United States can activate the National Guard for participation in federal missions.
