The National Guard is a reserve force of the United States that can be called up to help with disasters or other scenarios. However, states are not required to call up their National Guard if they do not wish to do so. It is therefore possible for states to refuse to federalize their guard troops should a disaster strike and demand that only state forces be called up. That being said, refusing to federalize your guard troops may not be the best way to take care of situations in case of an emergency—and it might even backfire.
Can The National Guard Refuse To Federalize?
The National Guard can’t refuse to federalize, as state governments are not required to call up their National Guard. However, states can refuse to federalize their guard troops should a disaster strike and demand that only state forces be called up. That being said, refusing to federalize your guard troops may not be the best way to take care of situations in case of an emergency—and it might even backfire. If you refuse federalization requests from the Office of Homeland Security, you may have difficulty achieving your desired results.
How Does Rejection Of A Federal Call-Up Work?
- There are several other ways states can refuse to federalize their National Guard forces, such as by refusing to pay for the cost of training and maintaining National Guard troops. If a state does not wish to deploy its troops, it can ask the Department of Defense (DoD) to remove them from its rolls. However, this procedure is rarely used and is only done in extreme cases where states refuse to comply with federal law.
- The first state in the Union was Massachusetts, which was admitted on March 4, 1691. The first state in the Union that did not have a standing army was Vermont (which refused admission into the Union), which was admitted on May 7, 1791. The first state in the Union to have its troops called up during the civil war was Rhode Island, which was the first state to ratify the Articles of Confederation. The last state in the Union to be admitted was West Virginia, which was admitted on June 20, 1863.
- The first state to have its troops called up during a war was Vermont, which was called up on April 28, 1812. The last state to have its troops called up during a war was New Mexico, which was called up on December 7, 1941. The first state to have its troops called up during a war without having the consent of Congress was Vermont, which was called up without the consent of Congress on April 28, 1812. The last state to have its troops called up without the consent of Congress was New Mexico, which was called up without the consent of Congress on December 7, 1941.
What Can Go Wrong When A State Refuses To Federalize?
- The state can be sued by the federal government, which then has the right to seize the state’s federal property, including any federal buildings and land in the state.
- Federal employees can be fired by their employers if they refuse to work on a federal order that requires them to work on orders from the governor of a state that refuses to federalize its National Guard forces.
- National Guard members may be fired by their employers if they refuse to take orders from their governors who refuse to call them up for active duty for federal duty during a time of war or national emergency.
- Some states have passed laws that make it illegal for people who do not live in those states but are calling up those states’ National Guard troops during wartime or national emergencies to claim their military service as a tax deduction on their income taxes.
- Some states have passed laws that make it illegal for people who do not live in those states but are calling up those states’ National Guard troops during wartime or national emergencies to claim their military service as a tax deduction on their income taxes.
- Private employers who hire National Guard members can be sued by the federal government if they fire a National Guard member who refuses to work on orders from the governor of a state that refuses to federalize its National Guard forces.
- Members of the military can be fired by their employers if they refuse to take orders from their governors who refuse to call them up for active duty for federal duty during a time of war or national emergency.
Is Refusal Of Federal Called Legal?
- The Supreme Court has ruled that the federal government is entitled to call up the National Guard of a state during a time of war or national emergency, even if the governor of that state refuses to federalize his or her National Guard. The Supreme Court has ruled that the federal government is entitled to call up the National Guard of a state during a time of war or national emergency, even if the governor of that state refuses to federalize his or her National Guard.
- However, the Court has ruled that the federal government is not entitled to call up the National Guard of a state if that state’s Governor has not called up his or her National Guard because he or she believes that it is unnecessary. However, the Court has ruled that the federal government is not entitled to call up the National Guard of a state if that state’s Governor has not called up his or her National Guard because he or she believes it is unnecessary.
- The President can declare a time of war, national emergency, or martial law by Executive Order. The President can declare a time of war, national emergency, or martial law by Executive Order.
- If there is no martial law declared by an Executive Order, then there are no limitations on what actions an employer can take against employees who refuse orders from their governors during wartime, national emergencies, and/or military conflicts. If there is no martial law declared by an Executive Order, then there are no limitations on what actions an employer can take against employees who refuse orders from their governors during wartime, national emergencies, and/or military conflicts.
- Federal Law Prohibits Employers from Discriminating Against Employees Because They Refuse to Work During Time of War and Other Military Conflicts
- The United States Civil Service Reform Act prohibits employers from discriminating against employees because they refuse to work during a time of war and other military conflicts. The United States Civil Service Reform Act prohibits employers from discriminating against employees because they refuse to
Bottom Line
The bottom line is that if a state defies a federal call-up order, there are a variety of consequences. If the situation were to escalate into a real war between the states, the Supreme Court may have to step in and decide which states have the right to call up their National Guard. If the situation does get out of hand, the Supreme Court may have to decide which states are mandated to call up their National Guard and which are not. And one of those states may have to be Canada.
