Theodore's World: Executive Order By Obama For States To Adopt Laws Limiting Use Of National Guard Units...

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January 28, 2010

Executive Order By Obama For States To Adopt Laws Limiting Use Of National Guard Units...

States' rights rebellion over National Guard

Lawmakers fight to keep governors, not president, in control of troops


Responding to an executive order by President Obama, a new push is under way for states to adopt laws limiting the use of their National Guard units unless there is an invasion, insurrection or other limited circumstance.

As WND reported, Obama's order establishes a new "Council of Governors" designated to advise on the "synchronization and integration of state and federal military activities in the United States."

The recent order, posted on the White House website, was accompanied by the explanation that the group is to work "to protect our nation against all types of hazards." It comes just weeks after the president issued a similarly obscure order vastly expanding INTERPOL's privileges in the U.S.

The White House said the new council is to include governors and administration officials to review "such matters as involving the National Guard of the various states; homeland defense, civil support; synchronization and integration of state and federal military activities in the United States; and other matters of mutual interest pertaining to National Guard, homeland defense, and civil support activities."

However, there was no definition of the group's authority. Can the council recommend "military activities" and can the governors, who already are in command of their own state guard units, mandate activities outside of their areas of jurisdiction? The White House did not respond to WND questions on the issue.

Now the Tenth Amendment Center is recommending a model legislation that states can use to limit the activities of their own National Guard members.

The model legislation states: "The governor shall withhold or withdraw approval of the transfer of the National Guard to federal control in the absence of: a) A military invasion of the United States, or b) An insurrection, or c) A calling forth of the guard by the federal government in a manner provided for by Congress to execute the laws of the union, provided that said laws were made in pursuance of the delegated powers in the Constitution of the United States, or d) A formal declaration of war from Congress."

The organization said the requests to state legislatures already have begun with a letter on the issue dispatched by Walt Garlington, founder of the Louisiana State Sovereignty Committee, to state Rep. Brett F. Geymann.

"I ask you to once again take up the cause of states' rights and protect Louisiana from this latest unconstitutional action coming from Washington, D.C.," the letter said. "Please introduce a bill reasserting the governor's power over Louisiana's National Guard to counteract the EO issued by Pres. Obama."
The model legislation proposed by the Tenth Amendment Center says the law is, "For the purpose of requiring the governor to withhold or withdraw approval of the transfer of this state's National Guard to federal control in the absence of an explicit authorization adopted by the federal government in pursuance of the powers delegated to the federal government in Article I, Section 8, Clause 15 of the U.S. Constitution."
It cites U.S. Constitution provisions that Congress has the power to provide for "calling forth the militia" to "execute the laws of the union," or to suppress insurrections or repel invasions.
The proposal cites Daniel Webster's statement in 1814 to Congress, "It will be the solemn duty of the state governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the state governments exist."

The White House said the new panel was called for in the Fiscal Year 2008 National Defense Authorization Act and will include 10 governors picked by the president as well as the Coast Guard commandant and other officials from the Department of Homeland Security and other agencies.

The White House announcement said the council "will provide an invaluable senior administration forum for exchanging views with state and local officials on strengthening our national resilience and the homeland defense and civil support challenges facing our nation today and in the future."

Wild Thing's comment.......

There sure is a lot going on behind the scenes. Federal government telling the States what to do. I don't think this will stand up to any level of judicial scrutiny. It is unConstitutional and a perversion of what States Rights are. Tyranny is on the table.

I might be wrong ,but I thought the National Guard has not been under the States control since at least WWII.

I hope some conservatives are keeping track of all of the directives that will need to be reversed when this guy gets thrown out.

Our National Guard is made up of some of the finest patriots in the country. If these idiots on the Left think that these brave men and women would do their nefarious bidding, they have another think coming.

....Thank you Mark for sending this to me.

3rd Mar.Div. 1st Battalion 9th Marine Regiment
1/9 Marines aka The Walking Dead
VN 66-67

Posted by Wild Thing at January 28, 2010 03:48 AM


Texas National Guard units are under the authority of Gov. Perry. There is no need for the federal government to take control of OUR guard units.

Posted by: Texas Barb at January 28, 2010 08:05 AM

I thought we already fought a civil war over states rights to govern themselves. Do we have to have another one? I hope not.

Posted by: Lynn at January 28, 2010 08:12 AM

The Tenth Amendment (Amendment X) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. The Tenth Amendment restates the Constitution's principle of federalism by providing that powers not granted to the national government nor prohibited to the states by the constitution of the United States are reserved to the states or the people.

Obama seems to be overreaching his authority to just usurp the power of the States. I remember when Eisenhower Federalized the Arkansas National Guard and sent them home and then sent in the 101st Air borne to restore order in Little Rock Arkansas.

Did Ike violate the 10th Amendment by Federalizing the Arkansas National Guard. If so then obama is trying to destroy it for purposes not stated in his Executive Order.

He has started an assault on the Constitution since he got elected. This is a never ending assault and he won't stop until he is destroyed or the Constitution is.

Once he usurps the 10th Amendment to the point of taking away the sovereignty of the states then he can pick and choose what Amendments can still be effective.

This man is evil.

Posted by: Mark at January 28, 2010 12:09 PM

obama continues to think like a monarch, like a king. He has little regard for The Constitution and refers to it only when it serves his purpose. He is playing with matches near the fuse of revolution.

Posted by: TomR at January 28, 2010 12:35 PM

Texas Barb, thank you and I agree.

Posted by: Wild Thing at January 28, 2010 07:33 PM

Lynn, I hope not too.

Posted by: Wild Thing at January 28, 2010 07:37 PM

Mark, your so right, he has and continues to do things against our Constitution. I wish oh how I wish people would have listened and paid attention during the campaign when we were all telling about how Obama felt about our Constitution.

Posted by: Wild Thing at January 28, 2010 07:41 PM

Tom, yes he sure does, he would even make a bad one of those too, a horrible King Obama would be the worst.

Posted by: Wild Thing at January 28, 2010 07:43 PM

For all who need the help, the Sharps Number One and the 1918 SMLE Number One, Mark Three stand at the ready. Need I say more? And I am not afraid of the obammaschutzstaffeln. I have survived cancer. Fuck him and his minions.

Posted by: Glenn Mark Cassel AMH1(AW) USN Ret. at January 29, 2010 12:03 AM

Gotcha Glenn and Rabbi Mossberg and Mr. Ruger stand ready @ our household as well. Oh and since it is Friday, may I say FUCK YOU OBAMA!

Posted by: Eddie (Enemy of the State) at January 29, 2010 09:20 AM