« You know it's bad when you start to lose Indian Country Today... | Main | Surprise resignation of Ari Larijani »

Winnowing the field

Chris Dodd: on the retroactive grant of immunity to carriers for illegal wiretap

Bill Richardson: on the next Abu Gonzales, Abu Mukasey.

I think that reading the telephone book to stop FISA is wicked smart politics. I wish that Richardson would be as constructive, and order the NM National Guard back to New Mexico. Its not that it just takes one to win, its that it just takes one, no more, and no less, to start.

Comments

On what legal basis does a state governor have the right to "de-Federalize" a National Guard unit? I'm curious, because it must be tough. Otherwise, why didn't southern governors then attempt such a thing during the late 1950s and 1960s?

double_curve.gif

The Iraq War Resolution would presented as "executing the laws of the United States." Granted, said law was based on a series of lies, falsehoods and deceptions, but the Congress would not want even bad laws from their bailiwick challenged by a state's Governor for fear that it would open the door to a reduction of Federal authority.

And more than a few Governors wouldn't want to take such a risk because the President not only already has the statutory right to deny future military funding of a state's National Guard units, but may use such a situation as an excuse to reduce or deny, by association, all Federal funding flowing to said state.

It might be better to review Title 10 and Title 32, regarding under what circumstances National Guard units can be Federalized and de-Federalized, but then I'm not a Constitutional lawyer.

double_curve.gif

Post a comment

TrackBack

TrackBack URL for this entry:
http://wampum.wabanaki.net/cgi-bin/mt/mt-tb.cgi/3654

we're using {mt v4.x || wp v2.x || drupal v6.x}, {mysql v 5.x || postgresql v8.x}, perl v5.8.8, php v5.2.5, python2.5.2 and apache v2.x, all running on freebsd-releng_7, on one of four ixsystems, housed in the usawebhost colo space in portland maine. everything is minded by ebw. all work by mb williams and eric brunner-williams are © wampum.