If federal government federalized the NG.
State National Guard may also be called up for federal service, with the consent of state governors, to repel invasion, suppress rebellion, or execute federal laws if the United States or any its states or territories are invaded or is in danger of invasion by a foreign nation, or if there is a rebellion or danger of a rebellion against the authority of the federal government. IF the President is unable with the regular armed forces to execute the laws of the United States..
Is it accurate to say that because presidential orders for NG activation come through the governor's office, THAT the governor must consent for the order to be valid?
If so, this would mean that when activated for war, a state governor could legally deny the use of "his" troops for such an occasion, right?
Governor can write a decenting opinion through the National Governor Association to Congress and/or the courts stating their disagreement with the federalization of his state's National Guard.
From there, it will be up to the Congressional Oversite Commitee on Armed Services or the Courts to enforce checks and balances on the President's justification... correct?
If the scenario is. The Governor disagrees say with the President, the NG are said to Federalize and the Ranking officer says something like No sir my leader is Governor "Smith", What then? Is the Governor in treason? And does the Congress need to enforce the NGs to Federalize?
Whats the precedent? The Law and Rules? Hows this work?
National Guard Called upon by Fed Topic..
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