National Guard Living In Parking Garage In Democrat-Run D.C.: ‘We Feel Incredibly Betrayed

National Guard. Not State Guard. The President does not need the Governor's approval to call up the National Guard (see the 2007 National Defense Authorization Act).

And, as always, the Federal Government could cut funding to the National Guard Bureau (the National Guard is funded by the federal government, NGB funds units and servicemen, allots slots, etc. while the State contributes to facilities and maintenance). The State Guard is different. The State Guard is only authorized to operate within the state.

 

I am assuming that they are on orders from the Governor. When National Guard soldiers are federalized they are on Title 10 orders. When they are called up by the state they are are on Title 32 orders.

Most of the time the National Guard is called up on Title 32 orders if it is for issues within the state (you can't just have the regular Army marching around detaining people....yet). When on Title 10 soldiers are under UCMJ. When on Title 32 they fall under the State Code. Even though on Title 32, the funding may come from the federal government (via NGB).

But if President Trump activated the National Guard and they are on Title 10 orders, then the Governor cannot just call them back. If the Governors activated them then the President can't just make them stay.

If they are on Title 10 then they will receive a DD214 for the time in the Capital. I doubt they are on Title 10 orders, and therefore the Governor can call them back.

I don't know why they are still there. They were not needed there in the first place. The Democrats got their way, there was not going to be riots....at least not at the Capital.

 

They cannot deny the troops if the President wants them. Biden has the authority to call them up on Title 10 orders. The Governor can call them up on Title 32 orders.

National Guard soldiers are funded by the federal government (through NGB). They are paid through DFAS.

Governor Abbott activated the troops. It was up to Governor Abbott to recall them.

 

The Governor can deny a request that the State sends troops under State authority (Title 32).

But the Governor cannot prevent or deny the President from calling their NG troops up federally (Title 10).

The President has the authority to call up the NG. If Biden calls up the Texas National Guard then the Governor of Texas has absolutely no say in the matter.

The Governor can only recall troops he sends. He cannot recall troops the President activates.

 

You are wrong here.

If the President activates the National Guard then the Governor is out of the picture. He cannot prevent the troops from going.

What happened with the Capitol is NGB asked the states for support. The Governors activated their troops (Title 32) and can withdraw them because they are under the authority of the Governor.

But if the President calls them up (Title 10) they are no longer under the authority of the Governor.

You are confusing the National Guard with the State Guard (the State Guard cannot be activated for missions outside the state).

President Lincoln did not nullify the National Defense Authorization Act of 2008.

 

You are confused. The Governor cannot deny the federalization of the National Guard. The state does not have to send troops if asked, but they cannot keep the President from activating those troops.

Obviously you have no (or minimal) experience with the military, the National Guard, or NGB.

I worked with NGB for the last 10 years of my military career. I do not know why you believe a state can deny a President's activation of a National Guard unit, but it is not based in fact.

Who do you think pays the National Guardsmen's salary? The state? No. The Federal government. Who authorizes the Srate to have National Guard units? The State? No, NGB. Who decides what types of units the states will have? The States? No, NGB.

Who pays the National Guardsmens pension upon retirement? The State? No, the federal government.

What is NGB....a state entity? No, it is federal. And they now have a seat with the Joint Chiefs.

I do not know where you get your information, but it is wrong.

 

I would say no experience.

From Wiki - United States National Guard - Wikipedia
The United States National Guard is part of the reserve components of the United States Army and the United States Air Force. It is a military reserve force composed of National Guard military members or units of each state and the territories of Guam, the Virgin Islands, and Puerto Rico, and the District of Columbia, for a total of 54 separate organizations. All members of the National Guard of the United States are also members of the Organized Militia of the United States as defined by 10 U.S.C. § 246. National Guard units are under the dual control of the state governments and the federal government.

"National Guard" became a standard nationwide militia title in 1903, and specifically indicated reserve forces under mixed state and federal control since 1933.
In 2006, Congress passed the 2007 National Defense Authorization Act, which gave the president the authority to mobilize National Guard units within the U.S. without the consent of state governors.[4][5]


Now, he did mention Lincoln and calling up the militia - possible that things were different back then - since the NG, as we know know did not exist in present form until 1903

 

For years I had to teach this to ROTC units. I was surprised how many thought the National Guard was a state Militia - it did start that way, but several acts...most importantly the Militia Act of 1903 (the Dick Act....but don't put it that way if teaching a JROTC class) changed the State Militia into the National Guard.