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I'm not to familiar with how the NG works but, is it correct to assume that each states NG units follows the command of the Gov. And not the President where as the President is the Commander in Chief of the Navy,Marine Corps, Army and Air Force is this not true for the NG. The reason I ask is because I just read that Oregon's Gov. said she will not send NG soldiers to militarize the border if asked by the President.
Posted in these groups: Texas ARNG
United States
United States
Posted 6 y ago
Responses: 10
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The NG normally works for the Governor of their state, under a NG Commander, true. But if the NG is federalized, then they are active duty and report to DA under the President. The Lady can wolf all she wants- but I doubt she can do anything but howl.
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Capt Gregory Prickett
If federalized, the whole point of sending them to the border is shot. They are not exempt from Posse Comitatus if federalized.
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LTC (Join to see)
Capt Gregory Prickett - I am far from being an expert on the evolution of Posse Comitatus ... but it seems to me there is a very fine line between law enforcement and protecting our borders from illegal entry. As I recall, US active duty personnel from a TF headquartered at Ft Bliss used to fly drug interdiction missions along the border working intercepts with border patrol personnel. Don't know if that is still happening or not.
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SFC (Join to see)
What I read when the NG was put at the border by Bush and Obama (and even Reagan I think) they were conducting surveillance and reconnaissance. They were just assisting the Border Patrol not actually enforcing any laws or anything like that. I feel like that's all they're going to do this time too. That's really all they can do they can't enforce laws or perform any LE duties.
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The Chief of National Guard Bureau
https://www.army.mil/article/172780/gen_joseph_lengyel_becomes_28th_chief_of_national_guard_bureau
He is over Army and Air National Guard. . This is where the major decisions are made. The governor of each state and territory can call up the Guard but the state pays for it. Guard falls under title 32 US code normally but are under title 10 USC when called to Active Duty under Federal control. As always exceptions. Army service members at National Guard Bureau are Title 10 assigned go Ft Meyer, attached back to the National Guard.
https://www.army.mil/article/172780/gen_joseph_lengyel_becomes_28th_chief_of_national_guard_bureau
He is over Army and Air National Guard. . This is where the major decisions are made. The governor of each state and territory can call up the Guard but the state pays for it. Guard falls under title 32 US code normally but are under title 10 USC when called to Active Duty under Federal control. As always exceptions. Army service members at National Guard Bureau are Title 10 assigned go Ft Meyer, attached back to the National Guard.
Gen. Joseph Lengyel becomes 28th chief of National Guard Bureau
WASHINGTON -- Citizen-warriors and the entire National Guard family are vital to the security of the United States, Defense Secretary Ash Carter said at the National Guard Bureau change-of-responsibility ceremony at the Pentagon today.
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Capt Gregory Prickett
The Chief of the NGB has no command authority over the states. Second, Guard members are called to active duty under Title 32 unless being assigned to NGB or being ordered overseas.
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Capt Gregory Prickett
CW5 Jack Cardwell - he can't hold money that has been appropriated by Congress. Any change based on a recommendation by the Chief would be years out.
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Correct the Gov. commands the NG, however POTUS can federalize the NG but that has traditionally only been done in severe scenarios in which local police had lost all authority and massive rioting will take place.
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LTC (Join to see)
SPC David Willis - That's fine and I am not challenging your assertion ... and numerically, you are right. I think that there have been some 10 uses of NG for civil unrest - at the Federal level. More, certainly, at the state level, including Ferguson. Nonetheless, the recent uses of the NG on U.S. soil by the federal government under both Republican and Democrat administrations have been on the border. My point was to ensure that that was understood because clearly, Trump's planned use of NG for border security is the elephant in the room on this thread.
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SPC David Willis
LTC (Join to see) - Gotcha. Personally I don't have a problem with NG supplementing BP agents. I wouldn't want them making arrests. But there is a lot of training value for pilots or observer types to hone their craft. I would have more of an issue if Active duty soldiers were deployed or if say the New York National Guard was made to defend Texas' border. I think each state should handle its own line.
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Capt Gregory Prickett
LTC (Join to see) - the Guard wasn't federalized when sent to the border under Bush and Obama, they were under Title 32 (State) orders. The feds provided the funds, but the Governors sent them to the border. Had they been federalized (Title 10), they wouldn't have been any use at the border as they would have been subject to the Posse Comitatus Act.
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