Author Topic: California rejects border duties for troops  (Read 2266 times)

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Online mystery-ak

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California rejects border duties for troops
« on: April 16, 2018, 09:11:00 pm »

By ELLIOT SPAGAT
57 minutes ago

SAN DIEGO (AP) — California has rejected terms of the federal government’s initial plans for sending National Guard troops to the border because the work is considered too closely tied to immigration, two U.S. officials told The Associated Press.

Gov. Jerry Brown elicited rare and effusive praise from President Donald Trump last week for pledging 400 troops to the Guard’s third large-scale border mission since 2006. But the Democratic governor conditioned his commitment on troops having nothing to do with immigration enforcement, even in a supporting role.

Brown’s announcement last week did not address what specific jobs the California Guard would and would not do and how state officials would distinguish work related to immigration from other aspects of border enforcement, such as fighting criminal gangs and drug and gun smuggling.

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https://apnews.com/e0ef40fbb0404df0a22b4b2318074472
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Online Free Vulcan

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Re: California rejects border duties for troops
« Reply #1 on: April 16, 2018, 09:24:36 pm »
The Nat'l Guard is federalized. If the Prez, any Prez, tells them to go, they go, and I don't think any governor wants to get in the way of that.
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Online Elderberry

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Re: California rejects border duties for troops
« Reply #2 on: April 16, 2018, 09:42:46 pm »
What would happen in the National Guard if the State Governor and the President gave contradictory orders?

https://www.quora.com/What-would-happen-in-the-National-Guard-if-the-State-Governor-and-the-President-gave-contradictory-orders-Please-see-description

There are two different principles at play here. There is a constitutional principle, based on the Supremacy Clause which states (basically) that when state and federal laws conflict, the federal law takes precedence.

The Governor of a state does not simply have the ability to issue orders to guardsmen at his leisure. He/She operates through the military chain of command, which starts at the state's Adjutant General (the senior national guard military officer of the state) and flows both down from there, and upwards through the National Guard Bureau and the operational parent commands of the specific NG unit.

These two underlying principles guide the types of statutory authority by which a commander may give orders to the National Guard.

If the orders that I receive are "Title 10" orders, i.e. they are issued pursuant to statutory authority under Title 10, United States Code (which governs the military), then we have been "federalized" under the reserve component authority of the U.S. military, and the federal authority prevails. This means the full range of federal law applies to us, including the Posse Comitatus act.

If the orders I receive are "Title 32" orders, i.e. they are issued pursuant to Title 32, United States Code (which governs the National Guard specifically), then I am on what's called "Full Time Guard Duty". This means that I am operating under state orders, but whose authority (and funding) are derived from Federal law.  That means that once again, Federal law prevails even under Title 32 status. This was never really all that clear, so a few years ago the National Defense Authorization Act (NDAA, the bill that funds the military each year) was amended to explicitly designate certain National Guard commanders as having "dual status", meaning they are explicitly authorized to order guardsmen under both Title 10 and Title 32 status.   An important distinction here is that in some cases, guardsmen under Title 32 orders are excepted from the Posse Comitatus act.

There is also purely "state active duty", where the authority, orders, funding, and operational limitations are purely derived from the Governor.  The key part being "funding." Because there are no federal funds being offered for state active duty, it is typically used sparingly and for short periods of time.

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Re: California rejects border duties for troops
« Reply #3 on: April 16, 2018, 09:48:20 pm »
Thanks @Elderberry for clarifying.
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Re: California rejects border duties for troops
« Reply #4 on: April 16, 2018, 09:52:19 pm »
I want to see Moonbean defy an order to send troops to the border.  I really really do.   I want to see Brown do his George Wallace imitation 
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Re: California rejects border duties for troops
« Reply #5 on: April 16, 2018, 09:55:43 pm »
I want to see Moonbean defy an order to send troops to the border.  I really really do.   I want to see Brown do his George Wallace imitation

If it weren't for the fact that they have families, I'd love to see Brown try and do a SWAT style tacticool raid on the Guard to try and arrest them, and get their asses handed to them on a plate.
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Online Elderberry

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Re: California rejects border duties for troops
« Reply #6 on: April 19, 2018, 05:57:19 pm »
Trump slams California Gov. Brown for sending ‘do-nothing’ National Guard to border

President Trump warned California Gov. Jerry Brown that he’ll cut off federal funding for the deployment of California’s National Guard if the governor insists that the troops “do nothing” instead of enforcing immigration laws.

“Governor Jerry Brown announced he will deploy ‘up to 400 National Guard Troops’ to do nothing,” Mr. Trump tweeted. “The crime rate in California is high enough, and the Federal Government will not be paying for Governor Brown’s charade. We need border security and action, not words!”

https://www.washingtontimes.com/news/2018/apr/19/donald-trump-slams-california-gov-brown-sending-do/

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Re: California rejects border duties for troops
« Reply #7 on: April 25, 2018, 03:44:23 am »
Not California, Governor Moonbeam.