posted on Dec, 20 2009 @ 02:20 PM
The Federal government has authority to do so.
Remember the Federal Government's authority to assume direct control of the State's militias (Guardsmen) supersedes the Governor's control because
the Commander in Chief is Federal. The constitutional mandate has been upheld by the Supreme Court and was actually challenged during the
segregationist days of "Brown vs. The Board of Education" where the Governor refused to enforce the law, and the Fed's forced the State to comply
while mobilizing its own militia to protect the people.
State's Governors retain the authority to activate its militia but does not have the supreme control of the Commander in chief.
"Dual Sovereignty" was key to Federalism, we are not just citizens of our state, we are also citizens of the Union.
Each State's Governor however, does appear to have to release it's guardsmen to the common defense undertaken by the regular military forces, under
Federal command. But they really have little choice. No "conditions" must be met before such a thing can happen.
I may be mistaken, but the Federal government's ultimate masters, the Supreme Court, the Legislature, and the Executive branch must agree that a
legal state of war (or emergency?) exists. For the most part, considering party relationships and loyalties driven by 'other agendas', the
Governor's are powerless to refuse the call. ("Authorization to use Military Force 115 stat 224" - post 9/11 legislation.)
National Guardsmen are "us". Always remember that. Professional military are citizens who have offered up their lives in the common defense, full
time. They agree to execute any and all legal orders, and represent the single most important element of the global standing of our sovereign nation
(such as that sovereignty may be 'assumed'), National Guard are people who accept the responsibility of supporting this standing Military force,
but they are militia, and thus they are ultimately under the authority of the Governor until called upon by the Commander in Chief.
[edit on 20-12-2009 by Maxmars]