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State Governor's Powers over their own National Guard

Campaign sign from the 2014 Nevada Governor's Race.

A state governor generally has the authority to activate and command the National Guard within their state for state-level emergencies. This is known as State Active Duty (SAD). In this capacity, the governor acts as the Commander in Chief of the state's militia, responsible for ensuring public safety and responding to emergencies. Examples of when a governor might activate the Guard for SAD include: 

This constitutionally illegal crap that trump is pulling with the threat to federalize the California National Guard is the crap that makes me seriously consider running for governor - again,in 2026 - as I did in 2014.

As this situation unfolds - all of America will witness if Governor Gavin Newsom has the stones to be president of the republic - or will he run and hide like a solitary mouse. He's either a man or a mouse.

The California Nation Guard are his alone - as governor - to command (the governors of every American state are the commanders-in-chiefs of their state's National Guard) not trump's as he'd have Americans think. He needs Governor Newsom's permission - and we know what his [Newsom's] answer should be. 

I've laid out the facts of the matter for you in plain English - below.

And, you'd think [that] the governor of the largest state in our republic - with a GDP of $4.103 trillion, the world's fourth-largest economy, behind only the U.S., China, and Germany - would have the stones to tell trump to go fuck himself?  That's what I'll tell him as governor of Nevada were the citizenry of Nevada to come out in protests of any kind against federal government criminality - like what we're witnessing currently regarding these mass arrests and deportations. 


Natural disasters: Hurricanes, floods, wildfires, and other catastrophic events requiring assistance with relief efforts, maintaining order, and providing support.

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  • Civil disturbances: Riots, widespread protests, or other situations requiring the Guard's assistance in maintaining order and enforcing laws.
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  • Law enforcement: In some cases, the governor can activate the Guard to assist with law enforcement, and they may have the power to investigate, arrest, and incarcerate when authorized.
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  • Important Considerations:
  • Federalization: The President of the United States can federalize the National Guard, placing them under federal command and control, particularly during times of war or national emergencies. When federalized, Guard troops become part of the active-duty federal military.


  • Posse Comitatus Act: When the National Guard is federalized, they are generally bound by the Posse Comitatus Act, which restricts the use of federal military personnel for civilian law enforcement purposes. This means that when the Guard is federalized, they cannot typically engage in law enforcement activities like making arrests or conducting searches and seizures, unless there's a specific legal exception, such as the Insurrection Act.
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  • Title 32 Status: There's a middle ground where the National Guard operates in "Title 32 status." In this status, the Guard is federally funded but remains under the command and control of the state governor. This allows the Guard to perform federally-defined missions, often training exercises or specific support missions, while remaining under state authority.
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  • Governor Consent: Before federal agencies take actions impacting the National Guard, states and territories must be consulted and the governor's consent must be obtained. Governors have expressed a desire to maintain full authority over their National Guard units to ensure readiness and ability to respond to emergencies and disasters.
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  • In summary, a state governor holds considerable power over their state's National Guard, primarily for state-level emergencies and operations. However, this power can be superseded by federal activation, and the Guard's status and legal authority may change depending on whether they are operating under state, Title 32, or federal (Title 10) command. 
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A A Rheinhart - Detente Group - Geopoltical Affairs Lobbyist

allen@allenrheinhart.com/cc:allenrheinhart@gmail.com


Committee to Elect Allen Rheinhart
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