Congress abdicated its responsibility

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.

4 replies on “Congress abdicated its responsibility”

somehow “fuck that shit” is not strong enough for the constant stream of shit coming out of the leftist goons

Seems like one of those cases where you make the rule understanding that it might get struck down, but the loyal bureaucrats will have mostly implimented it by the time it does.

Yep, good old Perpich. But abdicating its responsibility is what Congress does best, other than belly up to the trough.

Also, and with apologies, I wouldn’t count on Congress to stop “President” Biden* from nationalizing the Guard on his own. Washington seems to have assumed emergency authority under the Militia Act of 1792 to put down the Whiskey (aka Wrong Side Won) Rebellion. I had time this morning for only a cursory search, but I didn’t find any evidence that Congress acted. I’d be happier to be proven wrong.

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