This bill requires the governor to examine every federal order that places the national guard on federal active duty to determine if that order is lawful and valid. If the governor determines that the federal order is not lawful or valid, the bill requires the governor to take appropriate action, which may include commencing legal action in state or federal court, to prevent the national
guard from being placed on federal active duty.
The bill also requires the governor to submit to the appropriate standing committees of the legislature a summary of the governor’s review of every federal
order that places the national guard on federal active duty and any action he of she takes in response to that review.
This act is unnecessary. 50 governors will have 50 different opinions and in the end the decision is left to the judiciary branch. Instead, return that power to congress where it belongs by limiting the emergency powers of the executive branch. Then enforce it!
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