What?: The Dick Act of 1902

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  • blindnoodle

    Livin' the dream!
    Apr 21, 2009
    1,416
    I remember some principle about the law passed last in series overrides all others before it or something...

    Guess people have been fooled since 1934 and 1986.

    :sarcasm: (for the last statement)
     

    Jim Sr

    R.I.P.
    Jun 18, 2005
    6,898
    Annapolis MD
    And now we need to avoid the Biggest Dickest Act of 2013!
    Fiscal-Cliff.jpg

    :innocent0
     

    john_bud

    Ultimate Member
    Sep 23, 2009
    2,045
    You guys have it bassackwards.

    The Militia Act of 1903 was indirectly used by the Executive Branch of the government during Civil Rights demonstrations during the 1960s. Many southern governors, chief among them George Wallace, attempted to use National Guard forces to block civil rights and desegregation initiatives. In these cases, whenever a governor called up the National Guard for use in blocking federal directives, the President promptly mobilized the Guard into the Army Reserve, placing the Guard commanders under federal authority, and subject to court martial should they not carry out executive directives.

    Read that last bit over and over again until it sinks in.

    http://en.wikipedia.org/wiki/Militia_Act_of_1903
     

    Docster

    Ultimate Member
    Jul 19, 2010
    9,783
    Interesting. I thought governors could refuse to allow federalization? Or they had to actively consent to federalization?

    In 2007 the governors lost control of their guard units. That was changed the following year. It's open to lots of legal wrangling as is everything, but here's the citations;
    The John Warner Defense Authorization Act of 2007 Pub.L. 109-364 Federal law was changed in section 1076 so that the Governor of a state is no longer the sole commander in chief of their state's National Guard during emergencies within the state. The President of the United States will now be able to take total control of a state's National Guard units without the governor's consent. In a letter to Congress, all 50 governors opposed the increase in power of the President over the National Guard.
    Then came this......
    The National Defense Authorization Act 2008 Pub.L. 110-181 Repeals provisions in section 1076 in Pub.L. 109-364 but still enables the President to call up the National Guard of the United States for active federal military service during Congressionally sanctioned national emergency or war. Places the National Guard Bureau directly under the Department of Defense as a joint activity. Promoted the Chief of the National Guard Bureau from a three-star to a four-star general.
     

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