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What can Biden do if Texas refuses to heed his warning?

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beckyromero · 36-40, F
Nationalize the Texas National Guard.
TheOthetAcc · 36-40, MVIP
@beckyromero I understand that Texas has its own army which the federal government cannot exercise its will over so how effective would nationalising the TNG be really? Or is there something I'm not understanding?
beckyromero · 36-40, F
@TheOthetAcc [quote]Or is there something I'm not understanding?[/quote]

The U.S. Constitution.

[quote]The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States . . . .[/quote]
Art. I, § 2, cl. 1.
TheOthetAcc · 36-40, MVIP
@beckyromero Now I'm not quibbling with you here. Again, I'm not American and I'm just trying to gain understanding from the little I can gather.

My understanding is that the Texas military is specific to its own jurisdiction over which the federal government has none.


Sec. 437.002. COMMANDER-IN-CHIEF. (a) The governor is the commander-in-chief of the Texas military forces, except any portion of those forces in the service of the United States. The governor has full control and authority over all matters relating to the Texas military forces, including organization, equipment, and discipline.

(b) If the governor is unable to perform the duties of commander-in-chief, the adjutant general shall command the Texas military forces, unless the state constitution or other state law requires the lieutenant governor or the president of the senate to perform the duties of governor.
beckyromero · 36-40, F
@TheOthetAcc

Federal law trumps (no pun intended) Texas law in this regard when the guard is put under the authority of the Secretary of Defense.

See also:

https://crsreports.congress.gov/product/pdf/LSB/LSB10121
TheOthetAcc · 36-40, MVIP
@beckyromero Ok. I may have been confused. I figured there was a Texas Military beyond the TXNG. I will checkout your link
beckyromero · 36-40, F
@TheOthetAcc

All states also have local (cities, counties) police forces, not to be confused with their National Guard.

They also have highway patrol officers and local sheriffs. Park rangers, prison guards, airport police, transit authorities, etc., etc, etc.

The "Texas Militia" (sometimes referred to as the (TXMF)) are simply the state's National Guard forces. Maybe that's the cause for confusion.