The Pentagon says that the National Guard has to take the jab, even though their state governor may be refusing. Why can they do this? Well, here is the theory:
The National Guard is usually controlled by the state , but the president has the power to federalize the guards at any time, which would require the guards to receive the vaccine. Because President Joe Biden has not federalized the guards in Oklahoma, the state mandate stands.
That isn’t how it works. The President can’t call the militia- only Congress can. Article I, Section 8, clause 15:
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
The President can’t call forth the militia of a state. So how did they get around that? Thank our courts, who decided that, when a person enlists in the state National Guard, he or she is also enlisting in the National Guard of the United States. Congress has thus delegated to the President its authority to call forth the militia, and the courts rubber stamped it.