Many are not aware... that governors do not control their individual state National Guard forces anymore.
Even though the Constitution specifies borders is a Federal matter, I agree that Abbot could, as a border state Governor, issue commands for the Texas National Guard to enforce the border of the state when the Feds cannot or will not.
The problem is, he would have to recruit a new militia to do that.
- The John Warner Defense Authorization Act of 2007 Pub.L. 109–364 (text) (PDF) Federal law was changed in section 1076 so that the Governor of a state is no longer the sole commander in chief of their state's National Guard during emergencies within the state. The President of the United States could then take total control of a state's National Guard units without the governor's consent.[64] In a letter to Congress, all 50 governors opposed the increase in power of the President over the National Guard.[65]
- The National Defense Authorization Act of 2008 Pub.L. 110–181 (text) (PDF) Repeals provisions in section 1076 in Pub.L. 109-364 but still enables the President to call up the National Guard of the United States for active federal military service during Congressionally sanctioned national emergency or war. Places the National Guard Bureau directly under the Department of Defense as a joint activity. Promoted the Chief of the National Guard Bureau from a three-star to a four-star general.[17]
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