RULES FOR THEE, BUT NOT FOR ME!

 Weekly Opinion Editorial

POKE IN THE EYE!

by Steve Fair

 

     The United States National Guard is a state-based military force that becomes part of the U.S. military reserves when activated for federal missions.  The majority of National Guard members hold a civilian job full- time while serving part-time in the Guard.  From the nation's founding until the early 1900s, the U.S. maintained a minimal army and relied on state militias for the majority of military troops.  After the Spanish-American War, Congress was called upon to reform and regulate state militias' training.   In 1903, Congress passed a bill that provides funding for National Guard troops to receive the same training as regular troops.

     National Guard units can be activated for federal active duty during times of war or in the event of a national emergency declared by Congress, the President or the Secretary of Defense.  They can also be activated by a declaration of a state of emergency by the governor in a state.  When the National Guard is not under federal control, the governor in the state is the commander-in-chief for the units in their state.  There are over 443,000 members of the U.S. National Guard.

     In June, President Donald Trump activated 4,000 members of the California National Guard for 60 days to respond to violence in Los Angeles against Immigration and Customs Enforcement (ICE) agents.  Last week, Trump federalized the National Guard in Portland, Oregon and Chicago, Illinois to help deal with crime in those cities.  Federal courts have repeatedly ruled against Trump's action.  The president has threatened to use the 1807 Insurrection Act if federal courts continue to try and block the Guard deployments.

     On Wednesday 200 members of the Texas National Guard were sent to the Chicago area.  Texas governor Greg Abbott supports the move.  Oklahoma governor Kevin Stitt doesn't.  In an interview with the New York Times, Stitt condemned the deployment of National Guard troops across state lines.  “Oklahomans would lose their mind if Governor Pritzker in Illinois sent troops down to Oklahoma during the Biden administration,” Stitt said.  Three observations:

     First, Trump's action stepped on toes.  Stitt is right-most Okies would go nuts if National Guard troops from a blue state were sent to the Sooner state.  Trump knew using Texans in the Chicago deployment would make the Sand-hillers mad.  While the president has the authority to deploy National Guard troops at his discretion, it would probably have been wise to use the troops from the state of Illinois.  The problem is Illinois Governor Pritzker has avoided dealing with crime in his state and left Trump little choice but to bring in carpetbagger troops.

     Second, Trump's action is divisive.  The president has the authority to activate troops and send them to other states.  Other presidents have done it during times of national emergencies.  President George W. Bush sent National Guard troops from throughout the country to Louisiana during Katrina.   But Trump's action was an intentional poke in Pritzker's eye.  He could have used Illinois troops, but decided otherwise. 

     Third, the federal government is always trying to undermine state rights.  The 10th amendment in the U.S. Constitution says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  For decades, the federal government usurped the authority of states.  However, since the Supreme Court has taken more 'originalist' interpretation of the Constitution, many issues like abortion and gun control have been pushed back to the states.  Trump's action sends the opposite message.

     Governor Stitt is Chairman of the National Governor's Association (NGA), a non-partisan group.  His remarks were the first criticism about the deployments from a sitting GOP governor.  Several Democratic governors had threatened to leave the group if the NGA did not condemn the interstate use of troops.  Stitt said that wasn't why he spoke against Trump's action.  Stitt is right.  Republicans would have condemned President Biden had he done what President Trump has done.  You shouldn't have rules for thee, but not for me.