People keep talking about “Federalizing the National Guard” and now you’ve got other States pledging their NG to Texas in defiance of the Supreme Court (see image).
So is this what CW2 looks like?
P.S. I’m a Brit
People keep talking about “Federalizing the National Guard” and now you’ve got other States pledging their NG to Texas in defiance of the Supreme Court (see image).
So is this what CW2 looks like?
P.S. I’m a Brit
It’s not a totally unreasonable impression, but no, this will not turn into a second civil war. The Guard units of each state can be called up for federal duty. The National Guard is part of the US Department of Defense and thus ultimately answers to the DoD and the US president as commander in chief. The US military has multiple components, including regular services (eg the full time Army), reserve components (eg US Army Reserve) and National Guard components. The latter two are part-time military with one weekend per month training duty plus an annual training. Guards members and Reservists hold regular full time jobs.
The Guard units are deployable by the governors of their respective states, and so can be used in emergency situations like natural disasters. They have also been deployed against what have been perceived as riots that threaten lives and properties of the individual states.
However, they are subject to activation by order of the US president and they fall under the national command authority. Guard personnel take the same oath to the constitution as other military personnel, and cannot legally refuse federal activation. Guards personnel would be subject to courts martial and face potentially extreme penalties including being discharged from service under criminal conditions, being stripped of rank and benefits, and jail time in federal prison. This would be what we call a career limiting rule.
So, if push comes to shove, Biden can activate the NG and order them to stand down or to implement policies to maintain order. Thinking the NG units and in particular their commanders would disobey a presidential order because they just love their state governor and hate the president so much is getting into Turner Diaries levels of right wing apocalyptic fantasy.
All of which misses a critical point:
The forming of the Confederacy wasn’t “legal” either.
We can handwave away concerns about mounting threats of violence by citing regulation and law, but none of that actually addresses the underlying issue that if these people want to start shit, they will find an avenue.
And let’s also not sit here, in 2024, and assume the institutions, norms, checks, and intended safeguards in our system will always work when they need to. We’ve seen far, far too many breakdowns and failures in our system over the last decade to believe otherwise.
That’s what frustrates me so much about the framing of the situation we’re in right now: most people - and the vast majority of major media organizations - are fully intent on presenting this as “normal”, but it’s very fucking clearly not. It’s assumed by so many that the rules will simply be followed… and then they turn around and cover Trump, whose whole bit is to not follow the rules because he doesn’t feel like it and wants to stay in power forever. It’s like being unconcerned about standing 3 feet away from an uncaged, unleashed siberian tiger because someone once told you at one point that it had been “trained”.