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Blue States Should Seriously Consider ALL Options to Disband Their State's National Guard Units.

Although every state has one, there is no federal requirement that they do.

And since Trump is repeatedly violating federal law by using such units to be deployed for domestic "law enforcement" duties, the governors of California, Illinois, New York and Pennsylvania (the largest states with Democratic governors) should consult with their AGs and legislatures and disband their state's National Guard units as soon as possible.

Since states have rarely needed their Guard units to quell domestic disturbances, those states can easily replace the duties of the Guard to help with natural disasters by other means.

That might not stop Trump from federalizing, say, Ohio's National Guard or South Carolina's. But Republican voters in such Red States will tire of Trump's tractics pretty quick due to the strain such deployments put on Guard members and their families when Guard members are sent to San Francisco or Seattle to plant flowers and pick up trash as they were doing in D.C.
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pdockal · 56-60, M
States cannot disband its National Guard without the consent of the U.S. President The National Guard operates under a unique dual-authority system, serving as both a state-level military force and a reserve component of the U.S. Army and Air Force.
the President can deploy the National Guard on U.S. soil, but the legal circumstances and level of authority depend on the situation and whether the governor of the state consents. Recent deployments and court challenges highlight the ongoing legal debate surrounding the President's authority to use the National Guard for domestic issues, especially without a governor's agreement
whowasthatmaskedman · 70-79, M
@pdockal So. If the national guard cannot be disbanded by the states, then logic dictates the state can use it for legitimate purposes of its own..😷
beckyromero · 36-40, F
@pdockal @whowasthatmaskedman

U.S. Code
TITLE 32—NATIONAL GUARD
§104. Units: location; organization; command


(f) Unless the President consents—

(1) an organization of the National Guard whose members have received compensation from the United States as members of the National Guard may not be disbanded;

If the state doesn't receive compensation from the federal government to pay its members, the state can disband their National Guard.

---

Gov. Newsom and the other Democrat governors need to stop thinking Trump is an aberation and stop not just Trump but future presidents from using National Guard units in their home states from suppressing Constitutional rights.
whowasthatmaskedman · 70-79, M
@beckyromero On that point we agree..My point being that a national guard unit belonging to the state should be able to be deployed BY THE STATE for its purposes..😷
beckyromero · 36-40, F
@whowasthatmaskedman

Which is why I am saying disband the Guard and assign its state duties to other or new agencies that this or any future president can't hijack for his own fascist purposes.

Trump has presented a blueprint for any future fascist dictator to go even further than he has.
whowasthatmaskedman · 70-79, M
@beckyromero And I say disbanding the National guard leaves the states defensless against any federal intervention or attack from other states.. (It would be nice if all America was on the same side, but clearly they arent)😷
beckyromero · 36-40, F
@whowasthatmaskedman

States can and do have their own state police forces which they train, fund and equip with state funds.

In around a couple dozen states they are called the State Police. In other states the duties fall to State Highway Patrol departments.
This message was deleted by the author of the main post.
beckyromero · 36-40, F
@pdockal
In no circumstances can a state disband its National Guard without presidential consent. The state's ability to maintain a National Guard is granted and governed by federal law, and once a unit is established, it cannot be disbanded without federal approval.

Stop posting disinformation!

U.S. Code
TITLE 32—NATIONAL GUARD
§104. Units: location; organization; command

(f) Unless the President consents—

(1) an organization of the National Guard whose members have received compensation from the United States as members of the National Guard may not be disbanded;

If the state doesn't receive compensation from the federal government to pay its members, the state can disband their National Guard.

And for a California law reference:

Military and Veterans Code - MVC
DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. )
PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. )
CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. )

ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. )

210.


The National Guard consists of:

(a) General officers.

(b) The several staff corps and departments prescribed in tables of organization of the United States Army or United States Air Force or tables of organization for the National Guard.

(c) The officers and enlisted persons on the retired and the reserve lists.

(d) The organizations forming the National Guard and persons enlisted or commissioned therein.

(Amended by Stats. 2018, Ch. 118, Sec. 3. (SB 1501) Effective January 1, 2019.)

211.

The Governor may alter, divide, annex, consolidate, disband, or reorganize any organization, department, or corps and create new organizations, departments, or corps when required by the provisions of this division or whenever in his judgment the efficiency of the State forces will be thereby increased.
This message was deleted by the author of the main post.
beckyromero · 36-40, F
@pdockal
No, a state cannot unilaterally disband its National Guard, even if federal funding were to be cut. Federal law, specifically 32 U.S.C. § 104(f), requires the President's consent for the disbandment of any National Guard unit whose members have received federal compensation.

What did I say?

U.S. Code
TITLE 32—NATIONAL GUARD
§104. Units: location; organization; command

(f) Unless the President consents—

(1) an organization of the National Guard whose members have received compensation from the United States as members of the National Guard may not be disbanded;

If the state doesn't receive compensation from the federal government to pay its members, the state can disband their National Guard.

And for a California law reference:

Military and Veterans Code - MVC
DIVISION 2. THE MILITARY FORCES OF THE STATE [100 - 567] ( Division 2 enacted by Stats. 1935, Ch. 389. )
PART 1. THE STATE MILITIA [100 - 491.3] ( Part 1 enacted by Stats. 1935, Ch. 389. )
CHAPTER 3. The National Guard [210 - 270] ( Chapter 3 enacted by Stats. 1935, Ch. 389. )

ARTICLE 1. Membership [210 - 217] ( Article 1 enacted by Stats. 1935, Ch. 389. )

210.


The National Guard consists of:

(a) General officers.

(b) The several staff corps and departments prescribed in tables of organization of the United States Army or United States Air Force or tables of organization for the National Guard.

(c) The officers and enlisted persons on the retired and the reserve lists.

(d) The organizations forming the National Guard and persons enlisted or commissioned therein.

(Amended by Stats. 2018, Ch. 118, Sec. 3. (SB 1501) Effective January 1, 2019.)

211.

The Governor may alter, divide, annex, consolidate, disband, or reorganize any organization, department, or corps and create new organizations, departments, or corps when required by the provisions of this division or whenever in his judgment the efficiency of the State forces will be thereby increased.

FINAL WARNING! @pdockal
This message was deleted by the author of the main post.
beckyromero · 36-40, F
[@ pdockal]
Your a joke... I'm sure you'll just block me

Wish granted since you made it personal.

Buh-bye!