Prohibition on Federalizing the State National Guard Without Governor’s Consent
(This action is part of the Catalog of Legislative Actions.)
Description
Declares that the federal executive’s pattern of false and pretextual claims of emergency, insurrection, or civil unrest to justify illegal uses of military and paramilitary force invalidates his authority to nationalize the [State] National Guard without the governor’s consent. Rejects any nationalization order purportedly justified under 10 U.S.C. § 12406, under the Insurrection Act (10 U.S.C. §§ 251–254), or under any other provision of law, absent the governor’s consent. Bars state officials from cooperating with such orders and protects Guard members from penalties for refusing to comply.
This provision is enacted as part of the Restore the Constitution Act, either initially or by amendment, and the general provisions of the Act apply to it, including jurisdiction.
Characteristics
Form
Resolution, Legislation, or Executive Action
Legislation
Pressure Level
How confrontational: Low, Medium, or High
High
Pressure Mode
How action exerts pressure against unlawful federal action
Legal, Jurisdictional, Operational Obstruction
Noncompliant
Whether directly defies unlawful federal directives: Yes, No, or Arguable
Yes
Participants Called Upon (state/local)
State or local entities involved, e.g., executive, agencies, judiciary, private entities, private individuals
Law Enforcement, Agency/-ies
Financial Impact (state/local)
Financial cost or benefit of the action to the adopting jurisdiction: Expensive, Minor, Beneficial, Depends
Minor
Variations
Alternative versions of this action, such as expanded scope or different enforcement mechanisms
May provide liability for those who do comply with nationalization not consented to by governor.