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this post was submitted on 18 Jan 2024
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The National Guard is the "militia" that you hear about in the Constitution and such. Basically militias were brought up during the Revolutionary War and are what actually fought most of the battles. Those people wanted to ensure that militias would always be a thing so that in the future, oppression wouldn't occur.
In normal times, a governor is the head of a militia. But ultimately, the militias are part of the US military and always under the president. There are going to be laws and situations that Congress has spelled out over the years that say when this can or cannot happen, for how long it can last, etc.
In brief: during an emergency, the president or governor calls up the reservists. Think natural disasters and such. When the emergency is over, they go back home and back to their normal jobs.
This doesn't seem the same though?
In this case it's the state national guard interfering with federal business. They themselves are the emergency.
If he nationalizes them to resolve the situation (letting the border guard patrol the area) the moment he ends his control, Texas would just start up the interference again?
Is the outcome that he nationalizes it, and they remain under his control until a federal court orders Texas to comply, at which point he returns control to Texas?
You’d surely have a court order by that point preventing it from happening again. Courts can bring in marshals I’d think.
Ah, that makes sense then. I think the marshals as the last step if needed helps close the loop. Thanks!