But you do understand that during time of war, the Texas National Guard would fall under the authority of Biden. Texas I think has a State Guard too, and even during times of war, Biden would NOT have authority over them.
All states, (Red States) should implement State Guards answerable only to the state.
NG is governed by 10 U.S. Code § 12406 - National Guard in Federal service: call and U.S. Code: Title 32.
Title 10 list the following conditions under which the president can all up NG:
Whenever—
(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation; It would be a perverse interpretation of this to say the president can exercise power of NG to enable invasion by foreign nation.
(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or Government has constitutional obligation to enforce border laws. Nothing Abbott is doing is restricting the executive branch from enforcing laws passed by the legislative.
(3) the President is unable with the regular forces to execute the laws of the United States;Biden is not executing any law. He is in fact ignoring his constitutional obligation to faithfully execute the law. (ArtII.S3.1.3.1 Take Care Clause)
Under Title 32 State NG is under authority of Governor, and is not restricted by Posse Comitatus Act.
But you do understand that during time of war, the Texas National Guard would fall under the authority of Biden. Texas I think has a State Guard too, and even during times of war, Biden would NOT have authority over them.
All states, (Red States) should implement State Guards answerable only to the state.
This is good to know, and I have never heard of this
NG is governed by 10 U.S. Code § 12406 - National Guard in Federal service: call and U.S. Code: Title 32.
Title 10 list the following conditions under which the president can all up NG:
Whenever—
(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation; It would be a perverse interpretation of this to say the president can exercise power of NG to enable invasion by foreign nation.
(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or Government has constitutional obligation to enforce border laws. Nothing Abbott is doing is restricting the executive branch from enforcing laws passed by the legislative.
(3) the President is unable with the regular forces to execute the laws of the United States; Biden is not executing any law. He is in fact ignoring his constitutional obligation to faithfully execute the law. (ArtII.S3.1.3.1 Take Care Clause)
Under Title 32 State NG is under authority of Governor, and is not restricted by Posse Comitatus Act.