The Conservative Cave
Current Events => The DUmpster => Topic started by: CC27 on January 07, 2016, 05:46:01 PM
-
Bigmack (7,785 posts)
I'm going around and around with a RWer about the National Guard...
This is, of course, related to the terrorist take-over of the wildlife refuge in Oregon.
I read, from Title 10, that the President doesn't need authorization from a state to Federalize the Guard in that state.
The RWer says the President has to get permission from the state Governor.
Anybody know for sure which way? Apparently Dubya did some kind of a change, and then the change was repealed. I've researched, but can find no definitive answer.
Here's Title 10 for reference.. Title 32 is at the URL below.....
"10 USC § 332 – Use of Militia and Armed Forces to Enforce Federal Authority: Whenever the President
considers that unlawful obstructions, combinations, assemblages, or rebellion against the authority of the U.S.,
make it impractical to enforce the laws of the U.S. in any State or Territory by the ordinary course of judicial
proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces
as he considers necessary to enforce those laws or to suppress the rebellion. This section is a statutory
exception to the Posse Comitatus Act.
6. 10 USC § 333 – Interference with State and Federal Law: The President, by using the militia or the armed
forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a
State, any insurrection, domestic violence, unlawful combination, or conspiracy if it:
a. So hinders the execution of the law of that State, and of the U.S. within the State, that any part or class
of its people is deprived of a right, privilege, immunity or protection named in the Constitution and
secured by law, and the constituted authorities of that State are unable, fail or refuse to protect that
right, privilege, or immunity, or to give that protection; or
b. Opposes or obstructs the execution of the laws of the U.S. or impedes the course of justice under those
laws. In any situation covered by clause (1), the State shall be considered to have denied the equal
protection of the laws secured by the Constitution.
7. 10 USC § 12406 – Air and Army National Guard: Air and Army National Guard call into Federal service in case
of invasion, rebellion or inability to execute Federal law with active forces."
http://www.ngaus.org/sites/default/files/Guard%20Statues.pdf
These are so boring nowadays.
http://www.democraticunderground.com/10027508911
-
DUmmies really want a civil war to start and they want a black president to cause it.
-
DUmmies really want a civil war to start and they want a black president to cause it.
And dummies better be careful what they ask for... they just may get it. All it would take would be for the food producing and energy producing states to embargo the lib states and within two weeks the lib cities would descend into anarchy. The civil war would be over as the rich libbie leaders flee the country and leave their urban hellholes to the rioting masses. Within a month the rioting masses will have all frozen and or starve to death.
-
DUmmies really want a civil war to start and they want a black president to cause it.
Yup, since they hate guns and stuff they'd have LEO and the military fight it for them, MANY, MANY of which would not. It would be a short war for sure
-
Hmm, send in an armed force of the US Government against a group of armed people who believe the same government is overreaching in its application of the laws of this country.
Yeah, that won't end badly at all, will it?
Well, I guess that's why we call them DUmbasses, isn't it?
-
A Governor can State activate the Guard, but King Putt would have to Federalize them first.
....and no, dipshit, Bush did not "change" anything. :bird:
EDIT:
OblameO would have to declare a Federal Emergency, first. He has no grounds for such.
-
I read, from Title 10, that the President doesn't need authorization from a state to Federalize the Guard in that state.
The RWer says the President has to get permission from the state Governor.
Your friend is right DUmmie. Sorry...no President can reach down and just go around the Governor.
Why do you think Eisenhower called in the 101st to escort the Little Rock Nine?
And besides...IMO...if the guard is going to be employed for a situation like this...it's gonna be guys from the 19th or 20th SFG.
-
Why do you think Eisenhower called in the 101st to escort the Little Rock Nine?
Which was also unconstitutional.
-
So, Bm actually believes that 100-150 guys squatting in an unused, remote Federal building amounts to, "... any part or class of its people is deprived of a right, privilege, immunity or protection named in the Constitution and secured by law ..."? And that the State of OR and its Democrat Governor not attempting an armed retaking of the building amounts to, "... the constituted authorities of that State ... fail(ing) or refus(ing) to protect that right, privilege, or immunity, or to give that protection ..."? I don't think even BHO is THAT stupid.
But, hey! Don't like the way Kate Brown is handling the situation? She's a Democrat: deal with it and
:ownit: