Oklahoma Gov. Kevin Stitt and Newsmax host Carl Higbie mused Thursday about a potential “force-on-force” conflict between Texas and the Biden Administration after the Supreme Court ruled against the state’s Republican governor by declaring that federal agents can remove razor wire laid along the border with Mexico.

Higbie began by telling Stitt that “there’s rumblings that Joe Biden should or may actually federalize the National Guard—take that power away from Greg Abbott.”

Stitt called the situation, which has so far seen several migrant deaths,“very weird”—while adding that clash is currently a “powder keg of tension.”

“We certainly stand with Texas on the right to defend themselves,” he said. “But Biden is going to be in a tough situation. So in other words, he’s going to try to federalize these troops—in other words, put them on federal orders. And so now, their allegiance technically goes to the president of the United States instead of the governor.”

The dispute between Texas and the federal government has been compared to the situation that led President Dwight Eisenhower to federalize the Arkansas National Guard—part of his bid to allow Black students to attend a Little Rock public high school against the wishes of the then-segregationist governor.

  • Flying Squid
    link
    10310 months ago

    And so now, their allegiance technically goes to the president of the United States instead of the governor

    No. Not now. Always.

    “I, ________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of ______ against all enemies, foreign and domestic; that I will bear true faith and allegiance to them; and that I will obey the orders of the President of the United States and the Governor of ______ and the orders of the officers appointed over me, according to law and regulations. So help me God.”

    32 U.S. Code § 304 - Enlistment oath

    https://www.law.cornell.edu/uscode/text/32/304

    It’s the national guard. It just works for states.

    • Aniki 🌱🌿
      link
      fedilink
      English
      3310 months ago

      POTUS is the defacto Commander In Chief for all branches of the military. He’s the highest ranking officer. That’s the whole point, as he’s a civilian.

      • @grue
        link
        English
        2010 months ago

        defacto

        You mean “de jure.” “De facto” is the opposite of it being literally enshrined into law.

      • @[email protected]
        link
        fedilink
        510 months ago

        That’s the whole point, as he’s a civilian.

        You know, the Framers got some things wrong, but there’s something beautifully symbolic about that decision.