Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

We've got National Guards under the command of state governors for a reason. Just sayin'.


> We've got National Guards under the command of state governors for a reason.

Yes, but that reason is not for rebellion against the federal government, which is why their equipment and training is governed by the federal government and the President can by fiat order them into federal service at which point he is the C-in-C, not the government.

Most states do also have their own non-federal reserve military force in additionto their National Guard, but those tend to be tiny and not organized for independent operations (e.g., the ~900 strength California State [not National] Guard.)


If the federal government is no longer beholden to the law because the king executive refuses to follow or enforce inconvenient laws, would it be appropriate to consider it a rebellion? It seems more like basic law enforcement to me.

I was under the impression that state governors could refuse to federalize their National Guards. A quick read on Wikipedia points to the Constitution saying it would take Congress for the federal government to take command unilaterally. That could be a sticking point by the time it gets to the point where there is enough support for state governors to be deploying their state National Guards to keep the peace versus the lawless federal executive.


> I was under the impression that state governors could refuse to federalize their National Guards.

They cannot, under the Constitution. Of course, at the point the National Guard is being mobilized to prevent actions of the federal government, we are deep into a constitutional crisis and a short distance from a (possibly very brief) active civil war.

> A quick read on Wikipedia points to the Constitution saying it would take Congress for the federal government to take command unilaterally.

Congress has already done so , setting rules which require only a Presidential determination to invoke [0], and Presidents have used the authority so granted specifically to deal with very much the same state rebellion scenario you suggest, notably Eisenhower in 1957 when the Arkansas National Guard was deployed to prevent the implementation of a federal court order integrating Central High School in Little Rock: Eisenhower did the one-two punch of federalizing the entire Arkansas National Guard, ordered them away, and also deployed the Army (101st Airborne) to enforce the order. [1]

[0] in the Insurrection Act; the specific relevant provision is at 10 USC § 252: “Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State 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.” (emphasis added)

[1] https://en.m.wikipedia.org/wiki/Little_Rock_Nine


I mean, we're deep into a constitutional crisis right now - the president has asserted himself to be a king unbeholden to the law, and installed loyal supplicants who agree with that interpretation. So the check of the judiciary (required for individual liberty, among other things. and as imperfect as it was) is effectively dead.

I keep looking for angles where we can organize bottom-up within existing governance structures to resist this anti-American tyrant, that won't just result in an escalation where any resistance is attacked and the chaos then used as fuel for more support of authoritarianism (like the police riots of 2020). Something besides the single obvious lever of getting Congress on board with impeachment.

At any rate thank you for responding. By your other comments I knew you'd be able to point to something specific. The National Guards could certainly still play a role in defending the United States as this conflict escalates, but that baseline dynamic creates a much higher bar to clear.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: