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In reply to the discussion: Trump administration considers mobilizing as many as 100,000 National Guard troops [View all]atreides1
(16,067 posts)According to Article I, Section 8; Clause 15, the United States Congress is given the power to pass laws for "calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions." Congress is also empowered to come up with the guidelines "for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress" (clause 16). The President of the United States is the commander-in-chief of the state militias "when called into the actual Service of the United States." (Article II, Section 2).
Use of Militia and Armed Forces to Enforce Federal Authority.
Whenever the President considers that unlawful obstructions, assemblages, or rebellion make it impracticable to enforce the laws of the United States in any state or territory, he may call into Federal service such of the militia of any state. This is another statutory exception to the PCA.
PCA= Posse Comitatus Act