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In reply to the discussion: BREAKING: Trump administration considers mobilizing as many as 100,000 National Guard troops... [View all]jmg257
(11,996 posts)46. IF it were true (it's apparently not)...he could do it...
Last edited Fri Feb 17, 2017, 12:51 PM - Edit history (1)
10 U.S. Code § 332 - Use of militia and armed forces to enforce Federal authority
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.
10 U.S. Code § 311 - Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
ETA:
And while we are at it:
10 U.S. Code § 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
(1) so hinders the execution of the laws of that State, and of the United States 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
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws
(1) so hinders the execution of the laws of that State, and of the United States 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
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws
All thanks to the John Warner National Defense Authorization Act for Fiscal Year 2007...yay Bush!
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BREAKING: Trump administration considers mobilizing as many as 100,000 National Guard troops... [View all]
Miles Archer
Feb 2017
OP
And they will not differentiate between Cubans and other non-whites. Do you hear yet, FL?
nikibatts
Feb 2017
#3
Excepting the NG which need the Gov. to but only for state law enforcement...
Historic NY
Feb 2017
#7
Unfortunately that was sort of vaguely suspended during the Bush Administration...
mikelewis
Feb 2017
#21
You may want to look at the 1950s and 1960s, or the first president, who led troops in the field.
braddy
Feb 2017
#48
They won't do it... watch and see... the Gov.'s of the states will refuse and probably sue.
mikelewis
Feb 2017
#17
He will Federalize National Guard Units and make the justification up as he goes: "for our security"
FreeStateDemocrat
Feb 2017
#23
This is part of their game...float news out there, and then they can claim Fake News
HipChick
Feb 2017
#37
Sad Game that the WH is playing...There is no reason to trust anything coming out of the WH
HipChick
Feb 2017
#42
Im wondering if this is a "Fake leak" designed to confuse people about reality?
bettyellen
Feb 2017
#51