posted on Nov, 18 2021 @ 02:52 AM
a reply to: burdman30ott6
Scotus has nothing to do with it. Please read the Constitution of the United States.
Congress sets standards for the training and discipline of the National Guard. That training and discipline INCLUDES ensuring their readiness for duty
"when called into the actual service of the United States". The President, as Commander in Chief, is responsible for ensuring that those training and
discipline standards are maintained.
The Militia Act of 1903 formalized the relationship between the States and the Feds with respect to the militia and renamed it "National Guard".
The Militia Act of 1908 formalized overseas deployment conditions and the 1908 law also included the creation of the "Division of Militia Affairs"
as the Army agency responsible for overseeing federal training and administrative requirements for the National Guard
The National Defense Act of 1916, increased training requirements, authorised the War Department to centrally plan for the National Guard's
authorized strength, and the number and types of National Guard units in each state, required Guardsmen to take both State and Federal oaths of
(among other things, of course).
The National Defense Act of 1920 strengthened the coordination between the National Guard and the Federal Army.
The National Defense Act Amendments of 1933 established a "National Guard of the United States" (essentially the Army Reserve). Since then, all
National Guardsmen have been members of both their State National Guard and the National Guard of the United States
War is NOT the only situation when the National Guard can be called up for service by the President.
12 times the president called in the military
- 1957, President Dwight Eisenhower - desegregation of Little Rock Arkansas schools
- 1962 President John F Kennedy: Integration of University of Mississippi
- 1963 President John F. Kennedy: Integration of University of Alabama
- 1963 President John F. Kennedy: Integration of Alabama schools
- 1965 President Lyndon B. Johnson: Selma, Montgomery civil rights march
- 1967 President Lyndon B. Johnson: Detroit riots
- 1968 President Lyndon B. Johnson: Chicago riots following assassination of Martin Luther King Jr.
- 1968 President Lyndon B. Johnson: Washington riots following King's murder
- 1968 President Lyndon B. Johnson: Baltimore riots following King's murder
- 1970 President Richard M. Nixon: New York City postal strike
- 1989 President Ronald Reagan: Looting after Hurricane Hugo
- 1992 President George H. W. Bush: Riots after Rodney King verdict
Clearly, deployments to deal with riots or hurricanes cannot wait for some refusenik to get jabbed, sit on his ass for 4 weeks or more, get another
jab and sit for another 2 weeks. Riots or hurricanes will be passed by then.
This issue goes straight to the heart of military preparedness and attempting to dismiss the authority of the Commander in Chief to enforce the
preparedness requirements of the military, whether Federal or National Guard is actually a transparent attempt at gaslighting.