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Old 04-07-2013, 07:55 AM
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I am trying to learn and would like to get some factual information. How is the National Guard impacted by posse comitatus?

Is the National Guard under the Control of the Governor or the states? Does not the governor have to request they be sent in a National Disaster?

How was Republican Eisenhower able to send them without the Democrat Governor's approval to enforce civil rights laws?

Why do 14 states have separate State Militias?
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Old 04-07-2013, 11:54 AM
Location: Maryland about 20 miles NW of DC
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Posse Comitatus is a prohibition against using the national armed forces or the national guard for routine law enforcesment. But what do you do if things aren't routine? What if public order breaks down or conditions lead to breakdown of critical infrastructure, if rebellion or sedition threatens the nation or the normal channels of law enforcement collapse or are put to perverse ends ? The American Experience has lead us to codify in Federal and state law powers for the Federal and State evecutive branches to envoke to deal with specified emergencies and to use all Federal or state resources including the militaries or militias to cope with the emergency, limit it impact both geographically and otherwise and to initiate and accelerate the post emergency recovery. If the President feels it is appropraite or necessary he can temporarily "Federalize" National Guard units or personnel and place them under the appropriate military service command for the duration of the emergency. You will also find under certain states of national emergency this extends to private individuals and private property. When President Eisenhower Federalized the Arkansas National Guard and took Governor Fabus out of the chain of command it was to maintain public order at Little Rock High School and allow the admission of 22 Black students who had every right to be there in the wake of the case of Brown vs. the Board of Education of the Topeka KS School District. President Eisenhower invoked a State of National Emergency in Little Rock Arkansas and thus had the power to Federalize the Arkansas National Guard when he did.
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Old 04-07-2013, 12:58 PM
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Thank you
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