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Subject: States' rights rebellion over National Guard
The Lizard King    1/27/2010 12:12:32 PM
Lawmakers fight to keep governors, not president, in control of troops -------------------------------------------------------------------------------- Posted: January 26, 2010 9:17 pm Eastern By Bob Unruh -------------------------------------------------------------------------------- WorldNetDaily Responding to an executive order by President Obama, a new push is under way for states to adopt laws limiting the use of their National Guard units unless there is an invasion, insurrection or other limited circumstance. As WND reported, Obama's order establishes a new "Council of Governors" designated to advise on the "synchronization and integration of state and federal military activities in the United States." The recent order, posted on the White House website, was accompanied by the explanation that the group is to work "to protect our nation against all types of hazards." It comes just weeks after the president issued a similarly obscure order vastly expanding INTERPOL's privileges in the U.S. The White House said the new council is to include governors and administration officials to review "such matters as involving the National Guard of the various states; homeland defense, civil support; synchronization and integration of state and federal military activities in the United States; and other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities." However, there was no definition of the group's authority. Can the council recommend "military activities" and can the governors, who already are in command of their own state guard units, mandate activities outside of their areas of jurisdiction? The White House did not respond to WND questions on the issue. (Story continues below) Now the Tenth Amendment Center is recommending a model legislation that states can use to limit the activities of their own National Guard members. Learn how to foil those who would damage the nation. Get "Taking America Back" now from the WND Superstore. The model legislation states: "The governor shall withhold or withdraw approval of the transfer of the National Guard to federal control in the absence of: a) A military invasion of the United States, or b) An insurrection, or c) A calling forth of the guard by the federal government in a manner provided for by Congress to execute the laws of the union, provided that said laws were made in pursuance of the delegated powers in the Constitution of the United States, or d) A formal declaration of war from Congress." The organization said the requests to state legislatures already have begun with a letter on the issue dispatched by Walt Garlington, founder of the Louisiana State Sovereignty Committee, to state Rep. Brett F. Geymann. "I ask you to once again take up the cause of states' rights and protect Louisiana from this latest unconstitutional action coming from Washington, D.C.," the letter said. "Please introduce a bill reasserting the governor's power over Louisiana's National Guard to counteract the EO issued by Pres. Obama." The model legislation proposed by the Tenth Amendment Center says the law is, "For the purpose of requiring the governor to withhold or withdraw approval of the transfer of this state's National Guard to federal control in the absence of an explicit authorization adopted by the federal government in pursuance of the powers delegated to the federal government in Article I, Section 8, Clause 15 of the U.S. Constitution." It cites U.S. Constitution provisions that Congress has the power to provide for "calling forth the militia" to "execute the laws of the union," or to suppress insurrections or repel invasions. The proposal cites Daniel Webster's statement in 1814 to Congress, "It will be the solemn duty of the state governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the state governments exist." The White House said the new panel was called for in the Fiscal Year 2008 National Defense Authorization Act and will include 10 governors picked by the president as well as the Coast Guard commandant and other officials from the Department of Homeland Security and other agencies. The White House announcement said the council "will provide an invaluable senior administration forum for exchanging views with state and local officials on strengthening our national resilience and the homeland defense and civil support challenges facing our nation today and in the future." Los Angeles Times blogger Andrew Malcolm poked fun at the announcement, writing Obama "has determined that, a) there is an insufficient number of advisory bodies among the gazillion already in existence for the federal government in general and said president and his White House specifically." Obama also, Malcolm said, "chooses to ignore the existe
 
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WarNerd       2/27/2010 8:37:34 PM
The "Tenth Amendment Center" looks like an ultra (read as 'pack of idiots') left/right organization, with little political clout beyond press releases.
 
Certain governors may talk about taking away federal control of the local National Guard units to pander to some or their supporters, but the simple fact is that the majority of the funding for those units comes from the federal government.  If a state takes control of the local National Guard units that funding will stop, and probably most of the existing equipment stocks and some of the personnel, will move somewhere else, unless stopped by the US Congress.  Access in time of emergency to help from units in neighboring states still attached to federal control may also be restricted by the need to establish legal precedence for command, control, funding, and logistical support.
 
Basically this is a case of "You cannot have your cake and eat it too."
 
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sentinel28a       3/1/2010 3:53:28 PM

Perhaps have the US subject to a huge reorganization?  Scrap the state governments.  Instead of governors, you have magistrates appointed by the federal government.  The federal court system absorbs some of its state counterpart while scrapping the remainder.  Do the same with the state legislatures.  All active and reserve military units are answerable to DoD but not answerable to local governments, unless DoD has delegated control to local governments.

Bad idea.  The US has always functioned best with decentralized government--something admittedly our current administration doesn't understand. 
Some people want to see Obama's birth certificate.  I want to see his college transcripts, because I'm guessing straight Cs in history.  If that.
 
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YelliChink       3/1/2010 5:35:05 PM



Some people want to see Obama's birth certificate.  I want to see his college transcripts, because I'm guessing straight Cs in history.  If that.


"C" is reserved for students who hold Conservative point of views and are eloquent as well as logical to the degree that they are irrefutable, and still dare to challenge the professors' political affiliation.
 
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sentinel28a       3/2/2010 4:48:10 PM
I dunno.  I got straight As and Bs in grad school, and my professors were all raging liberals--one was even an avowed Marxist.
 
Of course, they were also raging alcoholics, so that might explain it.
 
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