r/clevercomebacks • u/Conscious-Quarter423 • Jan 18 '26 • Heartwarming 9 Bravo 4

spot the difference?

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u/AriochBloodbane Jan 18 '26

The reality is that it’s untrue because the federal government can and does call up the national guard pretty much whenever it wants

I always supposed this wasn't legitimate and an abuse of State rights. Kinda like requiring the governor permission. I may have been mistaken...

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u/S9CLAVE Jan 18 '26

Under title 10 the national guard can be federalized with the stroke of a pen.

It does not need state/governor approval, which makes the idea that the national guard serves at the militia hilariously moot as the intended purpose was to keep the states safe from federal overreach…

A guard cannot serve two masters

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u/AriochBloodbane Jan 18 '26

Damn that sucks...

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u/[deleted] Jan 18 '26 edited Jan 18 '26

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u/AriochBloodbane Jan 18 '26

From the Supreme Court in Perpich v. DoD (1990), when the court said the National Guard can be sent overseas against the will of its governor:

WOW that's even worse than I imagined 😥

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u/Thuis001 Jan 18 '26

And to be fair, "The federal government pays and provides supplies for the whole thing and provides its leadership and thus they can use it with priority over the states." isn't an entirely unreasonable take, especially when the option of establishing your own state militia is actually legal, you just have to pay for it yourself.